What You Need To Know – Served With IRP or ADP in BC

By way of quick summary, there are several things that you should know:

Read all paperwork (see below)
The short term effect of your driving prohibition (see below)
The long term effects of your driving prohibition (see below)
The total financial cost to you of your IRP/ADP (see below)
THAT YOU MUST CONTEST OR APPEAL IRP OR ADP DRIVING PROHIBITION WITHIN 7 DAYS OF BEING SERVED WITH THE NOTICE OR LIKELY FORFEIT YOUR RIGHT TO APPEAL (see below)

1. Read ALL paperwork. You will need to read ALL of the documents that you have been served to check to see if you have been served with MORE than one driving prohibition by the authorities;
2. The SHORT TERM effects of your driving prohibition: Your driving prohibition will commence and thereafter be dissolved in accordance with the documentation that you have been served as follows:
  1. For 24 hour prohibitions: your are prohibited for 24 hours only; the car that you were driving at the time is also subject to impoundment for a period of time usually 24 hours;
  2. For IRP driving prohibitions: Your driving prohibition has already taken effect, in other words it is IMMEDIATE and the length of that IMMEDIATE driving prohibition will depend upon many factors including whether you blew a “WARN” or “FAIL” on the approved screening device (ASD) or whether you are a first timer, second offender, etc. (3, 7, 30 days) ; for those registering a “FAIL” on the ASD your prohibition will be at least 90 days if steps are not immediately taken (see below: you will need to appeal this within 7 days of being served); the car you were driving at the time is also subject to impoundment for a period of time (which can be appealed if necessary) and you are subject to paying applicable monetary penalties (fines), and often (when you blow “FAIL” or you are a repeat offender who blew a “WARN”) you must complete any remedial driving programs that are applicable;
  3. For ADP driving prohibitions: After you have served your 24 hour driving prohibition you may indeed be able to drive for a further period of 20 days (your reprieve period or grace period) after which your driving prohibition will take effect for a period of at least 90 days if steps are no immediately taken (see below: you will need to appeal this within 7 days of being served); the car that you were driving at the time is also subject to impoundment for a period of time (which can be appealed if necessary) and you must complete any remedial driving programs that are applicable;
  4. Risk of non-compliance with ALL driving prohibitions. You cannot drive in British Columbia (and likely in other provinces) during the term of your driving prohibition as you are “ABSOLUTELY PROHIBITED” from driving. The risks of driving during this period of time are immense. If you risk driving and are caught driving you face prosecution for additional charges which can be very serious, such as driving while prohibited (the minimum sentence for conviction of same involves an additional YEAR LONG driving prohibition). If you drive during this period of time you will have NO insurance coverage for any accident that you may have. If you are involved in an accident this might mean you will be subject to expensive litigation, ICBC will deny you even your basic legal costs, you will be forced to hire lawyers to defend any litigation (including personal injury litigation) and you will have to pay any settlements or trial awards received by injured parties.

1. The LONGER TERM effects of your driving prohibition. In addition to the short term effects of your driving prohibition (as set out immediately above) there can be several different longer term effects of being served a driving prohibition, including:
  1. Paying impoundment fees, the rate of which is set by law, when the vehicle that you were driving is released from the impound location;
  2. Paying license re-instatement charges that apply;
  3. Paying any monetary penalties that are associated with any driving prohibitions served (for IRP driving prohibitions the fines can be hefty);
  4. Being forced by law to undertake and complete a remedial driver’s program (current referred to as the “Responsible Drivers Training Program”) and paying the fees associated with that program BEFORE regaining your right to drive (note the cost for this program is currently approximately $900 but subject to change);
  5. AFTER the conclusion of your 90 day driving prohibition you will be THEREAFTER restricted by law from operating ANY vehicle that does not have an ignition interlock device (ie. blow meter) installed for a minimum period of ONE YEAR and sometimes longer; this will entail ANY vehicle (including any work vehicle, truck, taxi, bus, etc.) – the cost for the installation and de-installation of the blow meter in your car and the required monthly maintenance charges must be borne by YOU and regularly amounts to $1500 to $2000 but subject change);
  6. Being subject to mandatory ICBC insurance point premiums that are imposed by operation of law – the cost to YOU can vary depending upon your driving history and will amount to a minimum of close to $1000;
  7. Being subject to possible further lengthy driving prohibitions if your vehicle’s ignition interlock device records any attempts to start the vehicle when the operator has ANY degree of alcohol in his system; AND
  8. Being thereafter monitored far more closely by the Superintendent of Motor Vehicles in B.C. regarding your future licensing and driving prohibitions — in other word being on the “SMV’s radar”.

1. The total financial cost to you of your IRP or ADP driving prohibition:

The total financial costs to you (and/or your employer) that result simply from your being served with a Notice of Driving Prohibition, either an IRP or ADP, are truly immense. When a driver is served with one of the Driving Prohibitions you will normally be also served with a Notice of Impoundment of your vehicle regarding the vehicle that you were operating at the time. You MAY also be served with a legal paperwork (Appearance Notice, Summons, etc.) to appear in criminal court to face criminal charges relating to impaired driving or driving over 80 milligrams.

Criminal charges aside there are severe monetary repercussions that follow an IRP and/or ADP. It is actually COMMON for the total costs, not including any legal fees, or being served with a Notice of Driving Prohibition to surmount $5000 after paying for: mandatory monetary penalties associated with IRPs, mandatory vehicle towing and impoundment charges (that may be paid by your employer), the mandatory Responsible Driving Training Program, the mandatory installation, de-installation, an monthly monitoring charges associated with the Ignition Interlock device that will be installed in one OR MORE vehicles which you operate (again which may be paid for by your employer); the ICBC premium point premiums; application fees for an IRP or ADP appeals, etc. As mentioned this does NOT include any legal fees or costs to your employer (if indeed their vehicle is impounded as a result of your indiscretion) and does not importantly include all of the hidden costs associated with being prohibited from driving (your time investigated in understanding your driving prohibition, your time in fighting it, your time and money paying for taxis, buses or drivers while you are prohibited, etc.). The hard costs associated with merely being served with an ADP or IRP driving prohibition often amount to between $3500 and $5000. Often many and nearly all of the costs associated with being served with a Notice of Driving Prohibition can be avoided if you WIN YOUR APPEAL regarding the IRP or ADP and thus we encourage you to call our experienced driving prohibition lawyer at Butler & Company, Jamie Butler, at 604-318-3838 to discuss your options.

VERY IMPORTANT: YOU MUST ACT QUICKLY WITHIN SEVEN (7) DAYS TO APPEAL YOUR IRP OR ADP OR LIKELY FORFEIT YOUR RIGHT TO APPEAL:

The law that governs IRP appeals and ADP appeals is very strict and not forgiving. Most people are distraught when they first receive an IRP or ADP driving prohibition and wish to just throw the Notice of Driving Prohibition in a drawer and forget about it. That is the absolute worst thing you can do. In order to contest any IRP driving prohibition or ADP driving prohibition you must TAKE STEPS WITHIN 7 DAYS OF THE SERVICE OF THE NOTICE OF DRIVING PROHIBITION or else you may forfeit your right to contest it. You have a right by law to contest your 24 hour driving prohibition, IRP driving prohibition or ADP driving prohibition or you may indeed have forfeited your right to dispute it at all. In order to have ANY case for appealing your IRP or ADP driving prohibitions you MUST actually launch an appeal of the prohibition by attending at a Drivers Services Center in BC (CLICK HERE AND BE DIRECTED TO VARIOUS LOCATIONS FOR SAME), filling in the appropriate documentation (ie. the Application to review a Driving Prohibition) and paying the application fee. For more information about fighting your IRP driving prohibition or your ADP driving prohibition CLICK HERE.