Immediate Roadside Prohibition (IRP / DUI) Lawyer Salmon Arm

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    At Sarah Leamon Law, we are dedicated to providing top-notch legal representation for individuals in Salmon Arm facing Immediate Roadside Prohibition (IRP) and impaired driving charges, sometimes referred to as DUI (Driving Under the Influence).

    Our experienced lawyers are well-versed in both provincial IRP laws and federal impaired driving laws, and we are committed to helping you protect your driving privileges and maintain a clean driving record. We represent Salmon Arm clients at the Provincial Court located on 550 2 Ave NE.

    Understanding the Difference Between IRP and Impaired Driving Laws

    In British Columbia, there are two distinct legal frameworks that govern driving offences: the provincial code and the federal Criminal Code of Canada.

    While both laws aim to deter impaired driving, they differ significantly in their procedures, consequences, and the rights afforded to individuals.

    Immediate Roadside Prohibition in Salmon Arm

    The provincially governed IRP is a civil administrative process that allows law enforcement officers to issue immediate driving prohibitions to individuals suspected of impaired driving.

    These prohibitions are based on the results of a roadside breath test and can range from 24 hours to 90 days, depending on the driver’s Blood Alcohol Content (BAC) and prior driving record.

    IRP cases are challenging to dispute due to their brief timelines, specific procedures, and limited defences.

    Individuals have only seven days to apply for a review of an IRP, and any errors in the application process can significantly hinder their chances of success.

    Moreover, the evidence required for an IRP is easier for police to gather, and individuals have fewer rights in these cases compared to criminal charges.

    Federal Impaired Driving Laws

    Under the federal Criminal Code, impaired driving offences are treated as criminal charges. Convictions can result in a criminal record, fines, driving prohibitions, and even imprisonment.

    However, the burden of proof is higher in criminal cases, and individuals have more rights and legal protections.

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    Consequences of an Immediate Roadside Prohibition

    The consequences of an IRP can be severe and far-reaching. In addition to a driving prohibition, individuals may face fines, vehicle impoundment, and additional driving prohibitions imposed by ICBC.

    They may also be required to attend costly programming and install an ignition interlock device on their vehicle, which must be used each time they drive. If the vehicle is impounded, the individual will be responsible for paying the storage fees.

    Challenging an IRP

    Challenging an IRP is a complex process that requires a thorough understanding of the law and procedure. At Sarah Leamon Law, we have successfully represented clients in IRP review hearings, helping them regain their driving privileges and clear their records.

    Our approach involves a meticulous review of the police processes and evidence for any omissions, errors, or inconsistencies.

    We identify potential defenses, complete the necessary paperwork on your behalf, and determine the most appropriate strategy for your case, whether it be an oral or written hearing. If successful, you can obtain your driver’s license and vehicle immediately.

    Choosing the Right IRP Lawyer

    When facing an IRP, it is crucial to have an experienced and knowledgeable lawyer on your side. At Sarah Leamon Law, our lawyers are diligent, creative, and persuasive writers with a deep understanding of IRP law and procedure.

    We have a strong track record of successfully defending our clients against IRPs at the Salmon Arm Provincial Court (located at 550 2 Ave NE) clearing their driving records, and regaining their cars and licenses.

    Services Offered

    In addition to IRP representation, Sarah Leamon Law offers the following services:

    ServiceDescription
    90 Day ProhibitionA driving prohibition issued to individuals who fail or refuse to provide a breath sample during a roadside screening test. It lasts for 90 days, and the vehicle is impounded for 30 days. There are also monetary penalties and potential enrollment in the Responsible Driver Program and ignition interlock program.
    Dangerous DrivingA criminal offence under the Criminal Code of Canada involving operating a motor vehicle in a manner that is dangerous to the public. Convictions can result in fines, driving prohibitions, and even imprisonment.
    Driving At or Over 0.05 BACA violation under the Motor Vehicle Act of BC for driving with a Blood Alcohol Content (BAC) of 0.05 or higher. It can result in a driving prohibition of 3, 7, or 30 days, fines, vehicle impoundment, and potential enrollment in the Responsible Driver Program.
    Driving at or Over 0.08 BACA criminal offence under the Criminal Code of Canada for driving with a BAC of 0.08 or higher. It can result in criminal charges, fines, driving prohibitions, and even imprisonment. In BC, it can also result in a 90-day driving prohibition under the IRP program, vehicle impoundment, and mandatory participation in the Responsible Driver Program and ignition interlock program.
    Driving Prohibition LetterA formal notice issued by the Superintendent of Motor Vehicles in BC, notifying an individual of the intention to prohibit them from driving for a specified period due to certain driving offences. The individual has the right to dispute the prohibition by providing a written submission within 21 days of receiving the notice.
    Driving While ProhibitedAn offence in BC involving operating a motor vehicle while under a driving prohibition issued by the court or the Superintendent of Motor Vehicles. Convictions can result in fines, further driving prohibitions, and even imprisonment.
    Notice of Intent to ProhibitA notice issued by the Superintendent of Motor Vehicles in BC to individuals who have committed certain driving offences, notifying them of the intention to prohibit them from driving for a specified period. The individual has the right to dispute the prohibition by providing a written submission within 21 days of receiving the notice.
    Violation TicketsTickets issued for traffic offences under the Motor Vehicle Act of BC. They can result in fines, driving prohibitions, and points on the individual’s driving record. Accumulation of points can lead to higher insurance premiums and further driving prohibitions.

    Get Your License Back with Sarah Leamon Law

    If you have received an IRP in Salmon Arm, don’t hesitate to contact us at Sarah Leamon Law. Our experienced IRP lawyers will provide you with the guidance and representation you need to fight for the return of your license and the clearing of your driving record.

    Call us today to speak directly with an IRP lawyer and learn about your options.

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