{"id":159,"date":"2022-12-30T10:55:50","date_gmt":"2022-12-30T10:55:50","guid":{"rendered":"https:\/\/sarahleamonlaw.com\/?page_id=159"},"modified":"2023-05-29T00:21:08","modified_gmt":"2023-05-29T00:21:08","slug":"90-day-prohibition","status":"publish","type":"page","link":"https:\/\/www.sarahleamonlaw.com\/driving-offences\/90-day-prohibition\/","title":{"rendered":"90 Day Prohibition"},"content":{"rendered":"

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A 90-day Immediate Roadside Prohibition (IRP) is an administrative driving prohibition that comes with severe penalties. In addition to a lengthy driving prohibition, which takes effect immediately, the recipient will also face a 30-day vehicle impoundment, associated towing and storage fees, monetary fines and referrals to remedial programs down the road. An Immediate Roadside Prohibition can have devastating implications for a person. It can interrupt their daily schedule and have an impact on their family. It can also result in the loss of employment.<\/p>\n\n\n\n

But although it can feel hopeless, there is help.<\/p>\n\n\n\n

Sarah has been defending Immediate Roadside Prohibitions since the law was first introduced in 2010. She understands the devastating consequences that a 90-day driving prohibition can have for a person. Sarah has defended thousands of clients and has developed unique arguments on these cases. Sarah has been successful in defending IRP\u2019s where individuals have provided a breath sample that result in a \u2018warn\u2019 or \u2018fail\u2019 reading and in circumstances where individuals have failed or refused to provide breath samples altogether. <\/p>\n\n\n\n

Sarah regularly handles IRP appeals in the BC Supreme Court. Since 2010, she has secured the return of drivers licenses for hundred of clients in B.C. She has also been successful in having driving prohibitions revoked on supplementary reconsideration by the Attorney General and returned for a new review. Sarah was responsible for a BC Supreme Court action that sent 1,200 Immediate Roadside Prohibition files back to the Office of the Superintendent of Motor Vehicles for a re-review. <\/p>\n\n\n\n

Sarah is honest and straight-forward with her clients. If you have an IRP, Sarah will give you practical legal advice and will let you know what your best options are in terms of moving forward. Sarah knows that receiving a 90-day Immediate Roadside Prohibition can have devastating consequences for you and she knows what needs to be done in order to help mitigate them. Sarah is here to help.<\/p>\n\n\n\n

Scroll down to read testimonials from Sarah\u2019s real clients and to get answers to the most frequently asked IRP questions.<\/p>\n\n\n

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From Our Clients<\/h3>\n\n\n\n
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\u201cI hired Sarah for an IRP I received. She was completely straightforward, honest and concise as to the process and what it takes. I felt completely comfortable with her knowledge and the process she described. Her assistant was also amazing and returned my emails extremely fast. I would highly recommend anyone who needs a lawyer to contact Sarah and don\u2019t think twice! #wewon!!\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

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\u201cSarah is amazing. When I got my IRP I was devastated and didn\u2019t know how I would carry on with my daily life being a working student. I called her and right away she started my review. She was so easy to talk to and very trustworthy.  I am beyond thankful for her work.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

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\u201cI just want to thank you for solving my case. Your wisdom and skills…are beyond what I have ever expected. I am really pleased with the result.  I am also very impressed by your excellent attitude in helping clients. From this experience, I would be privileged and honoured to recommend you to all of my friends if they need legal service. Overall, you are a true inspiration. My respect for lawyers has been established to a whole new level.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

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\u201cI just wanted to thank you and your entire team! The successful review of my IRP is FANTASTIC! Your extensive expertise and experience really shined! I\u2019m so happy to have my license and car back! Please keep up the great work! I will be recommending your team to all my friends & family! Every one of you are valuable resources! My heart-full thanks to one & all!\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

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\u201cSarah and her team are very professional. I was facing big trouble when I got my license taken away and Sarah was right there right away. She answered the phone late when I called and made me feel better. She explained everything. Her price was good and she got my license back right away. Sarah saved me!\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

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\u201cThank you to Sarah and her team for helping have an IRP charge removed from my record. Her team is very approachable and straight forward.\u201d<\/em><\/p>\n<\/blockquote>\n\n\n\n

Sarah personally handles her clients\u2019 cases from beginning to end. She gives each case the time and attention necessary to find the right defence. She explores all possible angles in driving prohibition cases to make the most thorough argument in order to get your license back. She has the skills and expertise needed to successfully defend your case and get your life back on track.<\/p>\n\n\n\n

FAQs<\/h2>\n\n\n\n
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<\/path><\/svg><\/span><\/path><\/svg><\/span>What is a 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

A 90-day Immediate Roadside Prohibition is an administrative driving prohibition issued under the Motor Vehicle Act.<\/em>\u00a0It is effective immediately, meaning that your license is revoked on the spot.\u00a0It comes with other serious consequences too, such a monetary fines and referrals to remedial programs.\u00a0The vehicle that you were driving will also be towed and impounded for a period of 30 days.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>Can I dispute a 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

Yes \u2013 but you only have seven days to do it, so act quickly!\u00a0If you miss the seven day deadline, there is nothing else that can be done.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>How do I dispute a 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

In order to dispute a 90-day Immediate Roadside Prohibition, you must attend an ICBC Driver\u2019s Licensing Center to file a review.\u00a0If you are unable to do this, a lawyer can file the review on your behalf.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>How does the review process work?<\/strong><\/span><\/div>

When you file for your review, you will have to decide between having either an oral review or a written review.\u00a0Once you have decided this, you will have to pay the applicable fees and will be given a date and time. This is the date and time when your review hearing will take place.\u00a0You will also be provided with the police disclosure in order to help you prepare for your hearing.The review will be conducted before an adjudicator at RoadSafetyBC.\u00a0If it is an oral review, it will be conducted over the phone.\u00a0If it is a written review, you will have to make sure that you submit the written materials that you wish the adjudicator to consider in advance of the review date.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>Have I been charged criminally?<\/strong><\/span><\/div>

No – but a 90-day Immediate Roadside Prohibition carries significant penalties nonetheless.\u00a0\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>What consequences will I face as a result of my 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

In addition to a 90-day driving ban, you will have your vehicle impounded for a period of 30 days.\u00a0You will be responsible for paying the towing and storage fees associated with this. You will also have to pay a $500.00 fine. When you are eligible to renew your license, you will face an additional $250.00 license reinstatement fee.\u00a0You will receive a referral to the Responsible Driver\u2019s Program, which is an in-person counselling course, and the Ignition Interlock Program, which is a device that is installed in any vehicle that you operate for a period of one year.\u00a0These programs are costly and stigmatizing.\u00a0All in all, a 90-day Immediate Roadside Prohibition can cost upwards of $4,000.00.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>What are my chances of successfully defending my 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

Defending a 90-day Immediate Roadside Prohibition is not easy.\u00a0It takes specialized knowledge and an understanding of the law.\u00a0You should not go it alone.\u00a0In order to get a realistic idea of your chances, you should consult with a lawyer.\u00a0A lawyer will be able to review your police disclosure and give you a professional, legal opinion as to whether or not you may be successful on review.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>What kind of arguments can I make on review?<\/strong><\/span><\/div>

Each case depends on its own circumstances, but there are numerous legal defences that may be available to you.\u00a0Sometimes the defence has to do with the manner in which the officer completed their report and whether they are any errors in the paperwork.\u00a0Sometimes it has to do with the devices that you blew into it and whether they were accurate or properly maintained.\u00a0Other times it has to do with what happened in the moments leading up to your encounter with police or observations that the police officer made on the scene.\u00a0At the end of the day, you will only know what defences and arguments are available to you by obtaining a copy of your police disclosure and having an experienced driving lawyer review it.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>I might lose my job as a result of my 90-day Immediate Roadside Prohibition.\u00a0Will the Superintendent consider that in deciding whether to revoke it or not?<\/strong><\/span><\/div>

No. Your personal circumstances are not a factor for consideration on review.\u00a0You cannot argue hardship.\u00a0You can only advance legal arguments in your defence.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>This is my first time and I have a clean driving record.\u00a0Will the Superintendent be more lenient with me as a result of my past good behaviour?<\/strong><\/span><\/div>

No.\u00a0Your past driving history is not a factor for consideration on review.\u00a0Moreover, this legislation was designed to deal with first time offenders.\u00a0It has been touted as Canada\u2019s toughest drunk driving law for a reason.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>How can a lawyer help me defend my 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

An experienced driving lawyer has the tools, skills and knowledge necessary to identify viable defences in your case and to put them forward in a comprehensive and intelligible manner.\u00a0A lawyer will help you file the review, go over the police report, prepare necessary documents like affidavits and forensic reports, conduct legal research and gather precedents. They will also conduct the hearing on your behalf.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>Will I look guilty if I get a lawyer to help me defend my 90-day Immediate Roadside Prohibition?<\/strong><\/span><\/div>

No.\u00a0You have a right to be represented by counsel at your review hearing.\u00a0It won\u2019t make you look guilty \u2013 it will make you look smart.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>What happens if my 90-day Immediate Roadside Prohibition is successfully revoked?<\/strong><\/span><\/div>

The infraction will be removed from your ICBC driving record.\u00a0You will be able to get your license back and you won\u2019t have to pay any fines or fees in order to do so.\u00a0You can also get your vehicle back from towing and storage.\u00a0The government will pay for the costs associated with the towing and storage of it, so you don\u2019t have to worry.\u00a0You will not be referred to any remedial programs and your insurance premiums will not increase.<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>When will I know if the dispute of my 90-day Immediate Roadside Prohibition was successful or not?<\/strong><\/span><\/div>

You will receive a decision within 21 days from the date that you were issued your prohibition.\u00a0<\/p><\/div>\n\n\n\n

<\/path><\/svg><\/span><\/path><\/svg><\/span>How much will this cost me?<\/strong><\/span><\/div>

In order to file a review at ICBC, you must pay a fee.\u00a0If you file a written review, that fee is $100.00.\u00a0If you file an oral review, it is $200.00.\u00a0These are ICBC fees that cannot be waived.\u00a0Legal fees will depend on the case and what sort of work needs to be done, but consultations are always free.<\/p><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A 90-day Immediate Roadside Prohibition (IRP) is an administrative driving prohibition that comes with severe penalties. In addition to a … <\/p>\n

Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":277,"menu_order":1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"","_seopress_titles_title":"90 Day Prohibition | Sarah Leamon Law","_seopress_titles_desc":"Sarah has been defending Immediate Roadside Prohibitions (IRPs) since the \r\nlaw was first introduced in 2010.\u00a0She understands the devastating \r\nconsequences that a 90-day driving prohibition can have for a person.\u00a0Sarah \r\nhas defended thousands of clients and has developed unique arguments on \r\nthese cases. Sarah has been successful in defending IRP\u2019s where individuals \r\nhave provided a breath sample that result in a \u2018warn\u2019 or \u2018fail\u2019 reading and \r\nin circumstances where individuals have failed or refused to provide breath \r\nsamples altogether.\u00a0","_seopress_robots_index":"","inline_featured_image":false,"_uag_custom_page_level_css":"","footnotes":""},"acf":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe","author_link":"https:\/\/www.sarahleamonlaw.com\/author\/joe\/"},"uagb_comment_info":0,"uagb_excerpt":"A 90-day Immediate Roadside Prohibition (IRP) is an administrative driving prohibition that comes with severe penalties. In addition to a ... Read more","_links":{"self":[{"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/pages\/159"}],"collection":[{"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/comments?post=159"}],"version-history":[{"count":41,"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/pages\/159\/revisions"}],"predecessor-version":[{"id":5288,"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/pages\/159\/revisions\/5288"}],"up":[{"embeddable":true,"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/pages\/277"}],"wp:attachment":[{"href":"https:\/\/www.sarahleamonlaw.com\/wp-json\/wp\/v2\/media?parent=159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}