IRP & ADP Defences – Do They Actually Work? 604-318-3838

If you have received an IRP driving prohibition or an ADP driving prohibition there are ways to defend them.  The actual defences for these types of issues are technical, and though some of the available defences to each type of driving prohibitions do overlap, to a large degree they are very case specific.  The actual defences available for IRP and ADP driving prohibitions are limited by the law outlined in the provisions of the Motor Vehicle Act.

For instance the defences available in situations where one refuses a breath demand at the roadside are going to be very different to defences available where breath samples are in fact provided by the subject.  Defences that would be available at criminal law (CLICK HERE for defences to impaired driving, driving over 80 milligrams and refusal) are largely NOT available in cases of IRP or ADP appeals.  Thus defences involving alleged breaches of normal police procedure or breaches of a person’s Charter Rights (under section 10:  right to counsel, or under section 8: right against unreasonable search and seizure) are simply not available in IRP and ADP appeals.

The successful appeal usually involves very technical aspects of administrative law which include weighing the report of the police officer against the evidence presented by our lawyer on your behalf (ie. statements, expert reports, and other written materials).  The defences usually center around the precise facts of each case and the various interpretations that your DUI/driving prohibition lawyer can put on the materials disclosed by the police.

Some successful defences to refusal of Approved Screening Device demands on IRP and ADP appeals have included:  (a) the words of the refusal not being clear and equivocal;  (b) the evidence presented by the officer did not amount to a refusal;  (c) an offer to provide a sample being presented shortly after an intention to refuse has been expressed (ie. a change in mind as part of the “same transaction” as the words amounting to the refusal);  or (d) more commonly, a reasonable excuse to the refusal being a medical condition (multiple sclerosis, allergies, asthma, heart conditions or other medical condition which prevent one from providing a proper and adequate sample).

Why Hire Jamie Butler To Help You With Your IRP/ADP Instead of a Big Law Firm?

Other defences to IRP driving prohibitions on appeal involve issues such as:  (1) the police officer not informing the breath testing subject that he has a right to take a second breath sample on a different ASD and that the lowest of the two readings will prevail; (2) the subject requesting a second breath test prior to being served with at Notice of Driving Prohibition and that request being thereafter denied by the police officer; (3) the testing results been proven to be unreliable owing to the presence of “mouth alcohol” (4) proof that the blood alcohol readings resulted from a “last drink” that resulted in alcohol being unabsorbed in the bloodstream at the time of testing but absorbed by the time that the testing was performed.

For ADP driving prohibitions there have been several defences that have prevailed including defences involving proof that the breath testing equipment gave unreliable results and technical defences regarding faulty paperwork being forwarded to the Superintendent of Motor Vehicles by the police officer and that same paperwork later being disclosed to the testing subject.

In cases involving situations where a breath sample were provided, either in IRP and ADP driving prohibition appeal cases, the possible defences are too numerous and technical to mention here and we encourage you to consult our Vancouver driving prohibition lawyer, Jamie Butler, to provide more information and guidance.

Any driving prohibition served upon you can put your job, your future and family at risk so no matter what driving prohibition that you have been served you should IMMEDIATELY seek advice from a qualified lawyer to obtain the details regarding same.  Our attorney in Vancouver, Jamie Butler, is a former prosecutor who can explain the repercussions, effects, appeal procedures and possible defences to you.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of appealing your driving prohibition.  Alternatively we also offer a FREE LEGAL EVALUATION of your driving prohibition matter by your sending us a brief written description of your case by CLICKING HERE.