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Immediate Roadside Prohibitions (I.R.P.s)

The Charge

While drivers in British Columbia do continue to be investigated and prosecuted for impaired driving or “driving over .08” under the Criminal Code, these days the majority of BC drivers are processed under the Immediate Roadside Prohibition (I.R.P.) provisions of the Motor Vehicle Act.  In most cases, absent aggravating factors such as an accident, the presence of a child in the vehicle, symptoms of extreme intoxication or the allegation of other criminal acts, rather than proceeding with criminal charges, police will issue an immediate roadside driving prohibition for 90 days to those drivers who fail or refuse a roadside breathalyzer test.

While not a “criminal charge,” the effects of a 90-day immediate roadside prohibition can be devastating. Not being able to drive for 3 months can cause serious problems, especially for those who rely on their vehicle for employment. In addition to the driving prohibition, police will impound the vehicle for 30 days. The prohibited driver must pay a $500 fine plus the towing and 30-day storage costs. Once the 90-day prohibition is up, the driver must enroll in the Responsible Drivers Program (at a cost of approximately $1,000) and pay a $250 licence re-instatement fee. Many drivers, upon assessment, must pay for an install an ignition interlock device on their vehicle at a cost of approximately $1,500 per year. Additionally, ICBC will assess the Driver Risk Premium of at least $370 per year for at least 3 years.

The Investigation

The threshold for a police officer to demand a roadside breath sample is very low. The officer need not develop grounds to believe a driver is intoxicated; all the officer must do is suspect that the driver has some alcohol in their body. This suspicion can arise from as little as an admission of recent drinking, the observation of alcoholic beverage containers in the vehicle, or the smell of alcohol coming from the driver. The Motor Vehicle Act sets out that a driver must comply with a “lawful” breath demand, as set out by s. 254 of the Criminal Code. Where police obtain a “fail” result, they must inform the driver of their right to take a second test, using a second roadside breath testing device. The driver is entitled to the benefit of the lowest reading of the two tests. In the event that a driver refuses or fails a roadside screening test, police will tow the driver’s vehicle forthwith and will serve the driver with Notice of the Immediate Roadside Prohibition.

Recent Successes

R. vs. J.F. - North Vancouver Provincial Court

Charges: Possession for the purpose of Trafficking; Obstruct Police.
Issue: Whether the cocaine found by police was intended for sale or for personal use, and whether it was in the public interest to prosecute.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown agreeing to drop all charges upon our client successfully completing the Alternative Measures Program.

R. vs. A.O. - Vancouver Provincial Court

Charge: Possession of a loaded restricted handgun, without a permit.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client's actions were minimal and that his youthful age and lack of record allowed him to be granted  a conditional discharge. No conviction. No jail.

R. vs. S.S. - Nelson Provincial Court

Charges: Possession for the Purpose of Trafficking (MDMA, Ketamine, Cocaine).
Issue: Given the nature of the search and seizure, the rehabilitative steps we were able to guide our client through, and given the recent changes to the mandatory minimum jail sentence for this offence, whether our client was eligible for a non-custodial sentence.
Result: Notwithstanding the large amount of drugs involved (approximately 2 kgs), Mr. Johnson was able to persuade the court to impose a conditional sentence of two years, less one day. No jail.

R. vs. D.M. - Vancouver Provincial Court

Charges: Assault.
Issue: Given the provocation that preceded the incident, what  the appropriate sentence would be.
Result: Mr. Gauthier was able to persuade the court to sentence our client to a period of probation of 12 months. No jail.

R. vs. B.K. - New Westminster Provincial Court

Charge: Indecent Act.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client completing an extensive course of counselling. No criminal record.

R. vs. K.L. - Vancouver Provincial Court

Charges: Theft Over $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether she would be sentenced to jail.
Result: After steering our client through counselling and arranging her repayment of the misappropriated funds, Mr. Mines was able to persuade Crown counsel to not seek a. jail sentence. After hearing Mr. Mines' submissions on our client's behalf, the court granted a suspended sentence and placed our client on probation for 18 months. No jail.

R. vs. A.A. - North Vancouver Provincial Court

Charges: Sexual Assault; Uttering threats; assault, Breach of Release Order.
Issue: Whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown counsel that there was no realistic chance of conviction on the sex assault charge and Crown proceeded only on the assault charge to which our client pleaded guilty. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and Crown entered stays of proceeding on the remaining 3 counts. No jail, no criminal conviction.

R. vs. A.S. - Vancouver Provincial Court

Charge: Driving while prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a mandatory one year driving prohibition upon conviction.
Result: Mr. Mines was able to provide Crown counsel with information that concluded our client was not at all responsible for the motor vehicle accident and persuaded Crown to proceed on the lesser offence of driving without aa valid license. Our client was sentenced to a fine and a 3 month driving prohibition.

R. vs. L.M. - Vancouver Provincial Court

Charges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier's submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.

R. vs. D.R. - Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault charge. Our client entered into a 12 month Peace Bond. No criminal record.

R. vs. B.Z. - Port Coquitlam Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to direct our client through, whether it was in the public interest to proceed with this prosecution.
Result: Mr. Johnson was able to provide Crown counsel with information that allowed him to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. M.C. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day driving prohibition.

The Defence

The defence of an immediate roadside prohibition starts with filing an Application for Review. This application must be made at an ICBC RoadSafetyBC driver’s services centre within 7 days of being served with the I.R.P. When filing for a review, there is an application fee of $100 for a written review or $200 for an oral review. The burden of proof in a review hearing is on the applicant. When we are retained to represent drivers for IRP reviews, we will focus on the specific grounds of review that we have identified as being the most relevant to the case. The only grounds that the adjudicator will consider include:

  • That you were not the driver, or were not in care or control of the vehicle;
  • That you were not advised of your right to a second breathalyzer test;
  • That you requested a second test but the officer did not permit it;
  • That the second test was not performed on a second breathalyzer;
  • That the results of the breath test was not reliable – this is generally argued on the basis of breathalyzer calibration and testing records;
  • That you did not refuse or fail to comply with a lawful breath demand; or
  • That you had a reasonable excuse for refusing or failing to comply with a demand.

As stated, a driver has only seven days to file an application for review. We can help you prepare for your application for a review of your I.R.P. Once the application has been submitted, RoadSafetyBC will provide a copy of the officer’s Police Report to the Superintendent. This report is the “road map” to your case. We will analyze the issues outlined in the report along with your explanations of what happened. In this way, we will be able to provide you with our opinion as to your chances of success on the review. Our goal is to help keep you driving!

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.