If you’ve been charged in British Columbia with driving at or over the legal limit of 0.08 BAC, refusing a breath test, or driving under drug impairment, you’ll likely face a 90-day Administrative Driving Prohibition (ADP). This driving ban is often the first major issue to address in cases of alleged impaired driving. But there’s good news – you can challenge this prohibition, provided you act quickly.
Challenging the 90-Day ADP: How and When
To challenge a 90-day ADP, you must file an Application for Review within 7 days of receiving the Notice of Prohibition. Filing quickly is crucial; missing this deadline will mean forfeiting your chance to contest the prohibition. Consulting a criminal lawyer is advisable, as they can guide you through the necessary paperwork and help schedule the review hearing. Your Application for Review must then be filed at an ICBC Driver Services Center.
What Triggers a 90-Day Administrative Driving Prohibition?
In BC, if a police officer believes you have:
– A blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving,
– Refused a breath demand under the Criminal Code,
– Exceeded legal drug concentration limits, or
– Been impaired by a drug,
They are required to serve you a Notice of Prohibition and confiscate your licence. This is typically part of a broader impaired driving investigation, which may include a 24-hour driving ban and court summons. Once served, the ADP Notice officially initiates the driving prohibition process.
Types of Review Hearings
There are two options for your Review Hearing:
– Oral Review (preferred, with higher success rates)
– Written Review
Each type has its specific requirements, but an Oral Review generally offers a stronger opportunity to challenge the prohibition effectively.
The Cost of an Oral Review
The fee to file an Application for Review for an Oral Hearing is currently $200. Note that this fee is non-refundable, regardless of the hearing outcome or whether you cancel the hearing before it takes place.
What Happens During the Review Hearing?
The Review Hearing is conducted over the phone. Beforehand, you or your lawyer will receive a copy of the police report related to the ADP. An adjudicator from the Office of the Superintendent of Motor Vehicles (RoadSafetyBC) will preside, reviewing the evidence and your lawyer’s arguments. Typically, your lawyer will represent you during this hearing, and a decision is generally issued within 21 days of the date the prohibition was issued.
Legal Grounds for Contesting the ADP
With an experienced lawyer, you may be able to challenge the prohibition based on issues such as:
– Insufficient evidence proving you operated a motor vehicle or the time at which the operation occurred;
– Illogical or flawed evidence;
– Questions about the legality of the breath or drug demand;
– Evidence that shows your BAC did not exceed the legal limit;
– Lack of impairment by drugs while driving;
– Problems in the scientific or analytical methods used for your test.
Why the Notice of Prohibition Matters
Once served, the Notice of Prohibition triggers a strict timeline, so it’s essential to act quickly. The Notice serves three primary purposes:
1. It informs you of the upcoming 90-day driving ban;
2. It advises you that you have 7 days to apply for a review;
3. In certain cases, it acts as a temporary driver’s licence, allowing limited driving privileges for 7 days, especially if the prohibition is due to a blood or urine sample analysis.
Since the Notice isn’t always a temporary license, consult a lawyer to ensure you’re aware of your specific driving rights under the ADP.
Do You Need a Lawyer for the ADP Review Hearing?
While you can attempt the review alone, having a lawyer brings significant advantages:
– Legal Knowledge and Defense Strategies: Experienced lawyers are familiar with defences unique to driving prohibitions and can challenge issues within the evidence.
– Access to Evidence: Lawyers may access documents that aren’t available to the public, potentially strengthening your case.
– Legal Privilege: Lawyer’s statements during the hearing aren’t considered evidence, safeguarding you from direct questions about whether you were driving.
An Administrative Driving Prohibition is a serious matter, but with quick action and the right legal support, you can increase your chances of successfully challenging it. Consulting a lawyer with experience in driving prohibition cases can make all the difference.
