Immediate Roadside Prohibition Dispute
Kyla Lee has successfully defended thousands of people facing Immediate Roadside Prohibition for DUI.
Kyla has been at the forefront of all legal challenges to the Immediate Roadside Prohibition scheme. She is well-known for having argued numerous successful appeals of IRP driving prohibitions before the Superintendent of Motor Vehicles tribunal and in BC Supreme Court. Kyla Lee is well-regarded as one of the most knowledgeable lawyers in the field of defending 90-day driving prohibitions.
Kyla’s approach involves reviewing and scrutinizing the police evidence for errors, omissions, and inconsistencies. Because she is a trained and certified roadside breathalyzer calibrator and operator, Kyla is quick to identify operational or maintenance issues that may be overlooked. Indeed, her thorough knowledge of calibration procedure led to her successfully challenging the reliability of breathalyzers in hundreds of cases, securing the return of drivers licenses for countless innocent individuals.
Kyla has the knowledge and skill necessary to get your license back and get you back on the road as quickly as possible.
Understanding an Immediate Roadside Prohibition
An Immediate Roadside Prohibition is a 90-day prohibition from driving, issued under the authority of Section 215.41 of the Motor Vehicle Act. The prohibition takes effect immediately and continues for 90 full days, meaning that it is actually in effect for 91 days. In addition to the 90-day prohibition there is a corresponding vehicle impoundment, which lasts for 30 days. The vehicle is impounded at your own cost.
An Immediate Roadside Prohibition is different from an Administrative Driving Prohibition in two significant ways. The first is that it starts immediately. The second is that there is the corresponding vehicle impoundment. Unlike an Administrative Driving Prohibition, an Immediate Roadside Prohibition is typically served on the basis of the results of a roadside breath test. The Administrative Prohibition is typically served on the basis of breath test results on the more sophisticated instrument at the police station.
For a driver who blows a “Fail” on a roadside breathalyzer, there is a 90-day Immediate Roadside Prohibition. The same penalty is issued if you refuse to provide a sample. If the sample results in a “Warn” reading, then the prohibition will range from three to thirty days, depending on the driving record and history.
Your best chance at beating an Immediate Roadside Prohibition DUI is to call a lawyer who knows the law.
Kyla Lee knows the IRP Law.
Consequences of an Immediate Roadside Prohibition
A 90-day driving prohibition has very severe consequences. In addition to a 90-day driving suspension, there is a corresponding vehicle impound for 30 days. You are responsible for the towing and storage costs for the vehicle for those 30 days. There are also fines and penalties, which include a $500 fine, $250 license reinstatement fee, and $31 short-term license administration fee.
You will only be issued a two-year probationary license after a 90-day prohibition.
After completion of the 90 day period, drivers who receive a 90-day driving prohibition are also required to enrol, at their own cost, in the Responsible Driver Program. As of March, 2016, this is a mandatory referral. Depending on the driving record and/or the outcome of your performance review in the Responsible Driver Program, you may also be required to install an Ignition Interlock in your vehicle.
For drivers who have IRPs after blowing “Warn” readings, they may face further terms of driving prohibition depending on the driving record and whether they have a Class 7 license.
Disputing a 90-day Immediate Roadside Prohibition
It is possible to dispute a 90-day driving prohibition. However, you only have seven days from the date the prohibition was issued to dispute it. There are no exceptions to the seven-day limitation, under any circumstances. The seven days count weekends and holidays, unless the last day falls on a holiday or a Sunday.
While it is possible to dispute a prohibition yourself, it is not recommended. You would not do your own dental surgery, so why would you do your own legal work? If you hire Kyla Lee to dispute your prohibition, she will make the process as easy and pain-free as possible.
Because Immediate Roadside Prohibitions can only be disputed by filing an application for review at an ICBC Driver Licensing office, Kyla Lee will attend the licensing office on your behalf an file the application for you. This spares you from having to take time off work, arrange a ride, and coordinate waiting in line with your busy life. This process also assists Kyla in helping with your case, as she is able to schedule a date and time for the review that she is available, avoiding the risk of her being double-booked or unavailable.
Once the 90-day driving prohibition dispute is filed, Kyla will have immediate access to your police reports, which can only be obtained by filing the application for review. She will review the evidence in your case and contact you to discuss your options, next steps, and moving forward with the review hearing if appropriate.
There are two types of review hearing: written and oral. Written reviews cost $100 in ICBC filing fees, whereas oral reviews cost $200 in ICBC filing fees. Typically, an oral hearing is recommended as more time is granted to prepare the case. Submissions made orally can address questions and concerns before the adjudicator, while written submissions do not permit such an opportunity. The review hearing must be scheduled at the time the review application is filed.
Chances of Success in an 90-day Immediate Roadside Prohibition Dispute
These cases are highly technical. The legal landscape involving roadside driving prohibitions is constantly evolving, and a lawyer who is up-to-date on the law is your best weapon in your defence against the driving prohibition. Kyla Lee is responsible for many leading cases in challenging Immediate Roadside Prohibitions. She has succeeded in more judicial reviews in BC Supreme Court in this field than any other lawyer. Her knowledge of the case law is encyclopedic and unparalleled.
If there is a defence in your case, Kyla Lee will find it.
However, only certain defences are applicable under the Motor Vehicle Act. Whether you were impaired is not an issue for the adjudicator to consider. The grounds of review are strictly set out in the statute. In addition to the grounds of review, there are numerous technical and legal arguments grounded in basic administrative law principles of fairness and natural justice, that may come into play depending upon how the case progressed.
If you hire Kyla Lee for your Immediate Roadside Prohibition case, she will identify and make any and all applicable arguments in your case to give you the best chance of success.
Licenses for Work and Exceptions to the Prohibition
The Superintendent of Motor Vehicles cannot issue a temporary license for employment, and cannot cancel the prohibition on the basis of hardship. While lawyer Kyla Lee understands the significant penalties and consequences that a driving prohibition can have in your life, the adjudicator is not permitted to consider these in a review of a 90-day Immediate Roadside Prohibition. Hardship is not a ground of review.
Additionally, your clean driving record, community involvement, and good character are only admissible in certain circumstances and for a limited purpose. While this information may be helpful in the case, standing on its own it is of no value in defending you against an Immediate Roadside Prohibition for DUI.
An experienced driving lawyer like Kyla Lee has the training, skills and knowledge necessary to identify any workable defences in your case. Kyla Lee’s comfort with the case law and her ability to recall quotes from cases at the drop of a hat will assist you in getting the best defence possible in your Immediate Roadside Prohibition review hearing.
Timelines in an Immediate Roadside Prohibition Review Case
As previously mentioned, you only have seven days from when the prohibition was issued to file for review. Your lawyer Kyla Lee will do this on your behalf. From there, the hearing typically is scheduled for the following week. A decision must be rendered within twenty one days of the date the prohibition is issued.
Some homework in gathering evidence and witness statements may be required of you. You should be prepared to conduct this as quickly as possible, in order to secure your best chances of success, as after the hearing has concluded no further evidence or submissions are permitted by the Superintendent of Motor Vehicles. If you hire Kyla Lee to defend you in your Immediate Roadside Prohibition dispute, she will advise you regarding what evidence may be necessary to put your best foot forward in your defence.
