RSBC v. CLIENT X – IRP APPEAL SUCCESSFUL – OFFICER ISSUING IRP NOTICE OF DRIVING PROHIBITION BUT LATER FAILING TO SUBMIT REQUIRED MATERIALS TO ROADSAFETYBC – OFFICER’S FAILURE TO SUBMIT MATERIALS WITHIN 7 DAYS LEADS TO SUCCESSFUL APPEAL
Facts: On February 21, 2018 the Driver (Client X) had spent the early evening after work at a restaurant with a friend. She had over-consumed wine with dinner and made a poor decision to drive the short distance home. While driving home within 3 blocks of the restaurant she rear-ended a vehicle. She pulled over and exchanged information with the other driver and then continued on. About 6 blocks later she crossed over the dividing line and drove into the oncoming traffic. This latter event was witnessed by the police who stopped her and later issued her a violation ticket. In the course of this violation ticket investigation the officer detected alcohol and thus read Client X a Notice of Driving Prohibition and had Client X’s car impounded. Client X, was a businesswoman who needed her ability to drive to make a living. Six days after the events described above she hired Jamie Butler to fight the IRP Driving Prohibition. As the BC Motor Vehicle Act (the “Act”) suggests that a person served with an IRP driving prohibition must file an appeal with RSBC within 7 days Jamie Butler had the client file the appeal within the 7 days required. According to a combination of the relevant statutory sections of the Act (section 215.48(1), 215.48(7) and 215.47(d)) the officer who serves the Notice of Driving Prohibition upon a driver must “promptly” (and WITHIN 7 DAYS) forward to RoadSafetyBC “…a report … sworn or solemnly affirmed by the peace officer” and if same is not done by the officer AND the driver files for an appeal of the IRP 90 day driving prohibition within the allotted time (ie. within 7 days of their having received service of same) then the PROHIBITION MUST BE REVOKED by the operation of law. Jamie Butler ensured that the appeal was indeed launched within the 7 days of service of the Notice of Driving Prohibition and made the appropriate submissions to have this driving prohibition successfully appealed by operation of law.
Result: revocation of any intended driving prohibition – no fines imposed – all towing and storage fees paid by RSBC. (February 2018)
- Postscript: It is utterly important that ALL drivers apply to appeal their IRP driving prohibitions within 7 days of having been served with an IRP 90 days Notice of Driving Prohibition by an officer as this commenced the appeal. Without doing so they will have little to NO chance of having an IRP driving prohibition revoked as the statute indicates this MUST BE DONE. It is equally important for the officer who served the IRP driving prohibition to file the correct reports with RoadsafetyBC within 7 days of their service of any IRP driving prohibition. The result of the police officer’s not doing so can result in an AUTOMATIC WIN for the applicant. In this case, though the client should arguably not have been on the road owing to her impairment, by initiating her appeal she set in motion the ability for a sure victory.
