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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.T. - Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.
Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.
Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

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

Charge: Assault Causing Bodily Harm.
Issue: Whether it was in the public interest for our client to receive a conviction on this charge.
Result: Mr. Johnson was able to persuade the Court to grant our client a conditional discharge. No conviction.

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

Charge: Commit Indecent Act.
Issue: Whether it was appropriate for Crown to proceed with the charge.
Result: Mr. Mines was able to present information on our client's behalf and was able to persuade Crown counsel that there was no longer any public interest in proceeding with this matter. Stay of proceedings. Warrant cancelled. No criminal record.

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

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid licence. Rather than a mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a 3 month prohibition.

R. vs. L.W. - North Vancouver Provincial Court

Charge: Criminal Harassment (reduced to Peace Bond).
Issue: Whether it was in the public interest for Crown to prosecute our client on the criminal harassment charge;
Result: Mr. Johnson was able to persuade Crown to stay the criminal charge upon our client entering into a s. 810 Peace Bond for 12 months. No criminal record.

R. vs. K.M. - Surrey RCMP Investigation

Charge: Sexual Assault.
Issue: Whether there was sufficient evidence to meet the Crown's charge approval standard.
Result: Mr. Johnson was able to steer our client through the investigation and was able to provide information to police and Crown which culminated in Crown counsel's decision to not approve any charges. No criminal record.

R. vs. P.H.S. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to allow our client to plead to s. 24(1) of the Motor Vehicle Act. Rather than the mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a two month driving prohibition.

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

Charges: Sexual Assault x2; Sexual Interference.
Issue: Given the extensive information that we were able to provide to Crown counsel, whether there remained a substantial likelihood of a conviction.
Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on all counts. No jail. No criminal record.

R. vs. C.F. - Port Coquitlam Provincial Court

Charge: Assault (reduced to s. 810 Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was appropriate for Crown to proceed.
Result: Mr. Mines was first able to persuade Crown to proceed on a Peace Bond application rather than the criminal assault charge. He was then able to persuade Crown to withdraw its Peace Bond application. No criminal record.

R. vs. T.K.- Abbotsford Provincial Court

Charge: Driving without consideration; driving past police vehicle; speeding.
Issue: Whether it was in the public interest to proceed with all counts, which upon conviction would have led to a driving prohibition.
Result: Mr. Mines was able to negotiate a resolution where our client pleaded guilty to only a three point speeding ticket and police withdrew the remaining counts. Our client was sentenced to a fine. No driving prohibition.

R. vs. E.W. - Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for our client to receive a criminal conviction.
Result: After hearing Mr. Johnson's submissions on our client's behalf, the court granted our client a conditional discharge. No criminal conviction.

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

Charge: Driving while Prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a one year mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to permit our client to resolve this matter by pleading guilty to the lesser offence of driving without a valid licence. Our client was sentenced to a fine. No 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.