Immediate Roadside Prohibitions

Initial Roadside Prohibitions – “DUI’S” – Drinking and Driving

If you are issued an immediate roadside prohibition you should contact us as soon as possible. The time period for review is only 7 days. If you have a reasonable excuse for not applying for a review within 7 days, we may apply for a time extension.

If you are issued a referral to the Responsible Driver’s Program or the Ignition Interlock Program and you appeal the decision within 21 days then your requirement to complete the program will be on hold until the Superintendent makes a decision. You may also appeal the referral outside of the 21 days but your requirement complete the program will not be put on hold while you wait.

Please contact us at 604-688-8331 and ask for Lawrence Myers, Justin Myers or Zack Myers for a free consultation. More information is provided to you below that may be of assistance.

We have had success in challenging immediate roadside prohibitions, vehicle impoundments, and Superintendent referrals to the responsible driver’s program and ignition interlock.

The Law

If police have reasonable grounds to suspect a driver has alcohol or a drug in their body and that the person has within the preceding three hours, operated a motor vehicle, then they can make a demand for a breath sample.

A driver has the option of providing a breath sample or not. If a driver chooses not to provide a breath sample without a reasonable excuse then this is treated as a fail.

 

Results/Consequences of Breath Sample

Police now use an Approved Screening Device (‘ASD’), which will read either a pass, warn, or fail.

 

Device Reads “Warning”:

Typically if you blow and the device reads a warn, you are issued a 24-hour suspension.

Consequences:

  • The 24-hour suspension shows up on your driving record.
  • The Superintendent of Motor Vehicles can make a decision in relation to your license. A further suspension may be imposed. Participation in a driver improvement program may also be ordered.

Dispute Process:

In order to challenge the validity of the 24-hour driving suspension you must petition to the Supreme Court of British Columbia. We have experience and success with our challenge of 24 hour driving suspensions.

 

Device Reads “Fail”

The time period to apply for review is only 7 days. Contact us at 604-688-8331 as soon as possible.

You are issued a immediate roadside prohibition from driving for a period of 3 months.

Consequences:

  • Often police will impound the car you are operating for a period of 30 days at the time the IRP is issued, regardless of whether you are the owner.
  • No Driver Penalty Points Apply
  • Likely to attract the attention of the Superintendent of Motor Vehicles
  • Participation in the Drivers Improvement Program or Responsible Driver’s Program
  • Participation in the Ignition Interlock Program

Dispute Process:

  • Set up a consultation with Lawrence, Justin or Zack Myers
  • Dispute the immediate roadside prohibition the Office of the Superintendent within 7 days.
  • You will receive the police report and other information that was relied upon to issue a immediate roadside prohibition.

 

Refusal To Blow:

The time period to apply for review is only 7 days. Contact us at 604-688-8331 as soon as possible.

A driver has the option of providing a breath sample or not. If a driver chooses not to provide a breath sample without a reasonable excuse then this is treated as a fail.

If you fail without reasonable excuse to provide a breath sample to a peace officer you may be charged under Section 254(3)(a) of the criminal code.

You are issued an immediate roadside prohibition from driving for a period of 3 months.

Consequences:

  • Often police will impound the car you are operating for a period of 30 days at the time the IRP is issued, regardless of whether you are the owner.
  • No Driver Penalty Points Apply
  • Likely to attract the attention of the Superintendent of Motor Vehicles
  • Participation in the Drivers Improvement Program or Responsible Driver’s Program
  • Participation in the Ignition Interlock Program

Dispute Process:

  • Set up a consultation with Lawrence, Justin or Zack Myers
  • Dispute the immediate roadside prohibition at the Office of the Superintendent within 7 days.
  • You will receive the police report and other information that was relied upon to issue a immediate roadside prohibition.

 

Section 254(3)(a) of the Criminal Code – Failure or Refusal to provide a Breath Sample

  • Crown Bears the Onus of proving the essential elements of the alleged offence.
  • The court ought to examining whether the accused had a “reasonable excuse” which exculpates them from criminal liability.
  • Defence bears the onus of proving Charter Rights have been breached. A second branch of examining the legal remedy for the breach must also be carefully examined. Common Charter rights engaged include the right to counsel without delay,

 

Case Law:

  • R. v. Manninen, [1987] 1 S.C.R. 1233
  • R. v. Turnmire [2014] S.J. No. 166
  • R. v. Mercado[2013] A.J. No. 1385

For an undiagnosed medical reason the accused suffered from shortness of breath. She was physically incapable of complying with the breath demand after making 9 attempts. There was never an indication of an intention to not provide a sample of her breath.

  • R. v. Shenk [2013] A.J. No. 1263

Crown failed to prove beyond reasonable doubt accused did not have reasonable excuse not to comply, given the accused had asthma.

More Information:

The Driver’s Improvement Program is aimed at assisting road users with their offending driving behaviour. These programs can be lengthy and costly.

The Ignition Interlock Program is a program that requires you to provide an alcohol free breath sample before being able to start your car. You will have to blow into the device at various intervals if you wish to continue to operate the vehicle.