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Abbotsford Impaired Driving Charge?

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Josh Krueger

32203 South Fraser Way
Abbotsford

(778) 902-8179

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What you Need to Know About Immediate Roadside Prohibition (IRP)

In British Columbia, legislation is in place that allows the police to seize your licence and your vehicle from the side of the road if you fail an alcohol breath test on an Approved Screening Device.

IRP legislation allows the police to:

  • Prohibit you from driving for 90 days
  • Impound your vehicle for 30 days
  • Refer you to BC’s Ignition Interlock and Responsible Driver Programs
  • Charge you a fine of $500 and a licence reinstatement fee of $250.

The total cost to you for the return of your vehicle and licence after the 90-day suspension period could total approximately $4,200.

Contact Josh Krueger to get the legal assistance you need in the Abbotsford area.

Responsible Driver Program

When you receive an automatic roadside prohibition, IRP legislation assumes that you are an alcoholic. Before the government will return your licence to you, they require your participation in the Responsible Driver Program, which is BC’s remedial program for those who are criminally convicted on impaired driving charges as well as those who receive an IRP.

This program consists of an assessment followed by 8 hours of education or 16 hours of counselling, at your expense. The Responsible Driver Program costs $880.

Ignition Interlock Program

In the Ignition Interlock Program, you will have to install an ignition interlock device on all vehicles that you drive. The Interlock device then requires the driver to provide a breath sample before starting the vehicle and will not allow the vehicle to start if it detects alcohol. The device also requires periodic samples once the vehicle is running to ensure that the driver remains alcohol-free.

A company called Guardian Interlock runs the Ignition Interlock Program. Guardian Interlock installs and monitors the devices at the cost of the Program participants. The Ignition Interlock Program costs approximately $1,700 for one year, which includes installation costs and monthly monitoring fees.

Abbotsford Impaired Driving Charge?

Profile photo

Josh Krueger

32203 South Fraser Way
Abbotsford

(778) 902-8179

FREE Consultation

Read More About Josh

Find Us Today

Please fill out the secure form below

This confidential information will be forwarded for Josh's immediate review.

Can you fight an IRP?

Yes, you can fight an IRP, but you only have 7 days from the time you receive an automated roadside prohibition to file an application for review with the Superintendent of Motor Vehicles. The application form is available at any ICBC driver’s licencing office.

As an experienced impaired driving lawyer, Josh Krueger will ensure that:

  • Filing an application for review is your best move
  • You fill out the form correctly and provide all the relevant information
  • You get the best possible result from your review.

Josh Krueger can help you understand the problems with IRP laws in BC

The Approved Screening Device used by police officers to perform roadside breath tests was never intended to provide a positive determination of blood alcohol levels. It was only ever intended to provide approximate readings for screening purposes.

The Approved Screening Device can provide unreliable results for any number of reasons, including:

  • Defective devices
  • Improper calibration
  • False readings caused by improper handling or use by police officers.

BC IRP legislation allows police officers to take a sample of your breath and submit their report of the results to the Office of the Superintendent of Motor Vehicles. Unlike when they charge someone criminally for impaired driving, the police officer who takes the breath sample is not required to attend court and submit to cross-examination by the lawyer representing the accused.  

Under BC IRP legislation, police officers can use the relatively flimsy evidence provided by a roadside breath sample to impose severe consequences on drivers without scrutiny and with no system in place to ensure that the Approved Screening Device was functioning properly or that the police officers were doing their jobs properly.

Is it worth fighting your IRP?

You should be aware that the original IRP legislation in BC was found by the courts to violate the Constitutional rights of drivers in BC.  Josh Krueger believes that the changes made to the legislation since that ruling was insufficient to fully protect your rights and is challenging the constitutionality of the amended legislation as well.

If you have received an IRP in Abbotsford, your rights have been violated.  Josh Krueger can help. The consequences of an IRP, including the loss of your licence and your vehicle, plus the significant financial penalties, are too severe to accept without a fight. Call Josh Krueger at (778) 902-8179 today.

How can Josh Krueger help?

Josh Krueger can help you navigate the IRP review process at the Office of the Superintendent of Motor Vehicles.  Josh Krueger knows the law, the relevant cases and the right arguments to make to the adjudicators to ensure that you get the best possible results from your review.

If your review is successful, your licence and vehicle will be returned to you and the Superintendent of Motor Vehicles will pay the bill.

If your review is unsuccessful, Josh Krueger can advise you about your other options, including:

  • Having a BC Supreme Court judge review the decision of the adjudicator, or
  • Joining the constitutional challenge to the IRP laws.

If you decide to join the Constitutional challenge, Josh Krueger can help you apply to have your licence and vehicle returned to you (without having to comply with the Ignition Interlock or Responsible Driver Programs) pending the results of your Constitutional challenge.

Your rights have been violated and Josh Krueger can help, but you only have 7 days to start the review process! Call (778) 902-8179 today to get started right away. With the experienced professionalism of Josh Krueger on your side, you can successfully fight BC’s IRP laws.