Immediate Roadside Prohibition and DUI

The Nanaimo lawyers at Zargarian Litigation are experienced with defending against Immediate Roadside Prohibition (“IRP”) and impaired driving (sometimes wrongly called “DUI”) charges. We can help you fight for the return of your license and the integrity of your driving record.

IRP Law Is Different From Impaired Driving Law

Two types of driving laws regulate people in BC: the provincial IRP regime, and the federal Criminal Code regime. Provincial IRP ‘charges’ don’t lead to a criminal record but driving prohibitions and related consequences kick in immediately and are more difficult to fight than criminal charges. Additionally, evidence is easier for police to gather, and people have fewer rights, in IRP cases. These are difficult cases to dispute.

Brief timelines, specific procedures, and limited defences apply in disputing IRP’s. You must apply for a review of an IRP within 7 days and fill out the application correctly, or your case may be doomed to fail from the start. That’s why it’s important to contact a lawyer immediately upon receiving an IRP.

Immediate Roadside Prohibition Consequences

The consequences of an IRP depend on your level of Blood Alcohol Content (“BAC”) alleged and your prior driving record. There is always a driving prohibition, fine, and, commonly, vehicle impoundment. The length of prohibition varies from 24 hours to 90 days. You may face additional driving prohibitions by ICBC on top of the IRP one, be required to attend costly programming, and have to install a costly and onerous “ignition interlock” on your car that must be used each time you drive. If your vehicle is impounded, you will be responsible for paying the storage fees.

An IRP tends to be expensive, with wide-ranging and long-term consequences. Defeating the IRP would undo the consequences flowing from it. This a difficult task and your best chance of success is with an experienced lawyer.

Challenging 24-hour, 3-day, 7-day, or 90-day Immediate Roadside Prohibition

It is possible to challenge an Immediate Roadside Prohibition. People get just 7 days to file their ‘Application for Review.’ The Application for Review needs to be filed with ICBC. It needs to be filled out correctly or you may unintentionally limit your defences.

We advise you to consult with an IRP lawyer before filling out the review application to reduce the risk of errors and prejudice to your case. The lawyer will complete the paperwork on your behalf, identify your prospective defences, determine whether an oral or written hearing is appropriate, obtain the evidence against you, and select a date for your hearing. You can obtain your driver’s license and car immediately if your IRP review hearing is successful. You can also apply to pause your prohibition until the hearing date.

What should I look for in an IRP Lawyer?

IRP law is designed to be difficult to defeat and to deter you from trying. You should look for a Nanaimo lawyer who is experienced with IRP’s, knowledgeable of the law and procedure, diligent, creative, and a persuasive writer. Most IRP hearings are by writing and our practice areas, particularly our appeals practice, require us to have strong, clear, and persuasive writing skills.

We have used these skills to successfully defend our clients against IRP’s, clearing their driving records and regaining their cars and licenses.

Get Your License Back with an Experienced IRP Lawyer

The lawyers at Zargarian Litigation have successfully defended clients across BC facing Immediate Roadside Prohibitions.

We have experience arguing successful cases before IRP decision-makers, and our appeals practice provides us with the experience and judgment to advise on the prospects of an appeal in case of defeat, and to argue that appeal. We are well-regarded as a knowledgeable law firm in Nanaimo for defending driving prohibitions.

Our approach involves thorough review and scrutiny of police processes and evidence for omissions, errors, and inconsistencies. Commonly, defences are procedural in nature and require knowledge of correct procedures that may not be immediately apparent.

We have the necessary knowledge and skill to fight for the return of your license and the clearing of your driving record. Give us a call today to speak directly with an IRP lawyer and learn about your options.

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