FAQ
Question:
How long do I have to file the Application for Review of my 90-day Administrative Driving Prohibition?
Answer:
You have only seven days from the date you received the Notice to apply for a review of the prohibition. To ensure that your lawyer is available to conduct the hearing, you should retain your lawyer before filing the review. We offer a free in-office consultation and case review for anyone facing a 90-day ADP.
Question:
Should I apply to appeal my 90-day driving prohibition (ADP)
Answer:
Yes. If you do not appeal your 90-day driving prohibition, you are deemed to accept it. Before conducting the review, your lawyer will be provided with a Report to Superintendant. In most cases a lawyer experienced in disputing ADPs can tell you upon reviewing the Report whether you are likely to succeed on review. If you succeed on the review, you are entitled to the return of the application fee and your driving privileges will be restored.
Question:
When a police officer demands that I blow at the roadside, what are my rights?
Answer:
The Criminal Code of Canada allows a police officer, on a mere suspicion that a driver has alcohol in their body, to demand that the driver provide a breath sample into an approved screening device (sometimes referred to as a roadside breath tester). Refusal to comply with that demand without a reasonable excuse is a criminal offense.
You do not normally have the right to contact a lawyer before blowing into a roadside screening device. Demanding to speak to a lawyer can be considered as refusal.
Question:
Is it a crime to blow a “fail” at the roadside?
Answer:
It is not a crime to fail a screening device test, nor can the results be used to prove that a driver was impaired. However, if the driver blows a fail, the results either alone or in combination with other observations, may provide the officer with grounds to conclude that the driver has committed an offence. In that case the officer may make a demand for breath samples to determine alcohol concentration, normally provided at a police detachment.
Question:
If I am arrested or detained in a drinking/driving case, when can I call a lawyer?
Answer:
YOU HAVE THE RIGHT to contact a criminal defence lawyer and receive competent legal advice before providing breath samples intended to measure the concentration of alcohol in your blood. The police must inform you of this right and facilitate your call. You may call any lawyer you wish, and you may make more than one call if necessary to obtain satisfactory legal advice.
Question:
Is there any way to have the fingerprints and photographs taken by the police destroyed?
Answer:
Yes. Upon successfully defeating the criminal charges, our Vancouver Law Firm can apply to the police department to have the fingerprints and photographs destroyed. Written confirmation of the destruction is obtained and given to our clients.
Question:
Why not plead guilty and get it over with?
Answer:
Criminal law defences are often very technical. Even if you feel that you’ve done something wrong, you may have a technical defence. Often, if the case is properly defended, the prosecution may not be able to prove the allegations beyond a reasonable doubt.
Often people may wonder if it’s better to plead guilty and take the punishment. But what if there’s a technical defence that only a lawyer could find? What if you’re innocent? What if the punishment is much worse than the crime? What if a conviction will ruin your life? What if the court fails to understand your circumstances?
A criminal lawyer is a professional at dealing with criminal offences. At Brian Mickelson’s Vancouver Criminal Law Firm we use all the technical and legal defences available to put you in a better position – to beat the criminal charges.
From a financial perspective, a criminal conviction can lower your income for your entire life, impact your social status, reduce your right to travel and limit your future. You should never plead guilty unless you have thoroughly discussed your matter with a qualified criminal lawyer and received proper legal advice.
Question:
What should I do to prepare for my first meeting with a lawyer?
Answer:
Gather relevant papers and any documents which may be evidence in your case. If you know of witnesses, make a list of their names and contact information.
Question:
What happens on my first appearance in court?
Answer:
Typically on the first court appearance our law office appears for you in court so you don’t need to attend. We inform the court that you have retained our Vancouver Law Office to represent you. We collect a copy of the case disclosure and apply to adjourn your case for several weeks so that we may study the police reports and determine your best defence.
Question:
I received a Notice of Intent to Prohibit me from driving. What should I do?
Answer:
Unless you wish to accept the prohibition, you or your lawyer must write to the Superintendent of Motor Vehicles within 21 days of the date of the Notice to explain why the prohibition should not be imposed or the duration of the prohibition should be reduced. If you do not write within the 21-day period, a Notice of Prohibition will follow confirming and enacting the prohibition.
Our lawyers are skilled in crafting letters designed to address the Superintendent’s concerns. In many cases we can persuade the Superintendent of Motor Vehicles to reconsider the proposed prohibition.
Question:
What is the Responsible Driver Program (RDP)?
Answer:
To address the public concern about drinking and driving, the Province developed a remedial program of driver assessment and education called the Responsible Driver Program or RDP. When a driver has accumulated more than one alcohol related infraction on their driving record, the Superintendent of Motor Vehicles sends notice that they must attend the program to maintain their driving privileges.
Administrative Driving Prohibitions (ADP) are considered infractions when assessing whether a driver must attend the Responsible Driver Program. It is important, therefore, to retain an experienced lawyer to defend your 90-day ADP.
