If you apply to have your Immediate Roadside Prohibition (IRP) revoked but the review hearing is unsuccessful, your next step is to pursue the IRP appeal process. In legal terms this is called a judicial review.
If you would like to appeal your driving prohibition, contact an experienced Vancouver criminal lawyer at Mickelson & Whysall.
Disputing an Immediate Roadside Prohibition
If you are issued an Immediate Roadside Prohibition and you would like to dispute the charge, your first step is to apply for a review hearing. During this hearing, an adjudicator from RoadSafetyBC will decide whether to revoke the IRP (meaning you have won your case), or whether to uphold it (meaning you have lost your case). If the charge is upheld, it does not necessarily mean that your case is over, as you may be able to make an IRP appeal.
Appealing an Immediate Roadside Prohibition
An IRP appeal is when a judge from the BC Supreme Court reviews the adjudicator’s decision and determines whether or not it was reasonable. Therefore you cannot make an IRP appeal just because you do not like the outcome of the hearing. Rather, the IRP appeal process is there so that you can highlight why the decision was unreasonable, perhaps because the law was applied incorrectly.
The Immediate Roadside Prohibition Appeal Process
If you wish to appeal an IRP decision, you will need to seek a judicial review at the BC Supreme Court. Every case is different, but you must start by filing a Petition to the Court. This will detail the facts of the case and your grounds for appeal. This will be sent on to prosecution’s lawyers. You will also need to file an Affidavit, which is your supporting documents. A date for a judicial review hearing will then be set.
At the hearing, the judge will consider the adjudicator’s decision and determine whether it was reasonable. A number of outcomes are possible. If the case is clear cut, the judge may revoke or uphold the IRP. Typically, another RoadSafetyBC hearing will be ordered. This will give you another chance to argue your case in front of an adjudicator, and you may want to present new information or facts that you failed to highlight the first time.
Appeal an Immediate Roadside Prohibition today
Judicial reviews are complex legal processes. You must first establish your grounds for making an appeal. Next you must prepare all the necessary documentation and make an application to the court. And finally, you must navigate your way through the hearing itself. You may then face a second review in front of an adjudicator.
Due to the complexities involved, it is recommended that you have a Vancouver impaired driving lawyer act on your behalf. This will remove a significant burden from your shoulders, as you will have a legal expert managing the entire process for you. It will also maximize your chances of success, as a lawyer can explore the various legal avenues open to you, selecting the best approach in your individual case.
To appeal your driving prohibition, call a Vancouver Criminal Lawyer at 604-688-8588 now!