Posted January 22, 2017
In my last post, I described how you can go about requesting a review of your driving prohibition (which is also known as an immediate roadside prohibition or IRP). In this post, I want to explain how to dispute a driving prohibition.
It all starts with the disclosure documents which drivers (or their lawyers, if you choose to go that route) receive from ICBC after submitting the application for a review. These are the documents the police have submitted to RoadSafetyBC to support the driving prohibition issued by a police officer. The information contained in these documents form the evidence to confirm the IRP and usually include the following:
Notice of Driving Prohibition:
This is a one-page document the police officer provides to the driver getting an IRP. Immediate roadside prohibitions can be issued when drivers get WARN or FAIL readings on the ASD (roadside breath test device) or when they refuse to take the ASD test. It includes the name and other identifiers of the driver; time, date and location of the driving; length of the prohibition (3, 7, 30, or 90 days); and the police officer’s name and identifiers. The police will give the driver a copy of this document right at the roadside.
REPORT TO SUPERINTENDENT Immediate Roadside Prohibition:
This is a one-page document completed by the police officer and sent to RoadSafetyBC. It records much of the information police are required to submit in support of the IRPs they issue. This information includes: name and identifiers of the driver; date and time of driving; times associated with the demand for breath samples; time and results of the breath tests; time of last drink; and much other information. Errors, omissions, or inconsistencies in this document can lead to revoked IRPs.
Notice of Impoundment:
This is a one-page document completed by a police officer and sent to RoadSafetyBC when impounding a vehicle. A copy of this document is issued to a driver and includes the reason for, and length of, the impound, as well as identifiers for the driver, the vehicle’s registered owner, and the vehicle.
REPORT TO SUPERINTENDENT Vehicle Impoundment:
This is a one-page document completed by the police officer and sent to RoadSafetyBC. It records all the information police are required to submit in support of the vehicle impoundments they issue.
Certificate of a Qualified Alco-Sensor FST Calibrator:
There are maybe one or two of these certificates depending on how many breath tests were taken. These 2-page documents record technical information from the last calibration check of the ASDs and provide evidence the ASD was properly calibrated and serviced. Errors in these documents will result in revoked IRPs.
This document provides additional information from the police officer in support of the issued driving prohibition and can be several pages long. Here the police officer will describe why the driver was stopped and tested, symptoms of impairment that were observed, a timeline of events., etc. His questions to you and your answers will be recorded here too.
These documents must contain all the information that proves the elements of the driving prohibition, and you (or your lawyer) will need to review the documents closely looking for acceptable grounds for a review.
This is what we do here at Point 08 Forensic Alcohol Consultants! We review all the disclosure documents for errors, omissions, or inconsistencies, and then we report them to our client, which could be a driver or his lawyer. Our reports have helped drviers get their IRPs revoked, their driving licenses back, their vehicles impound fees returned.
If you have any questions or comments, send us a message to firstname.lastname@example.org