Mickelson & Whysall’s Individualized Approach to Defending Your Immediate Roadside Prohibitions

by | Jul 23, 2020 | Driving Offences, Find Right Lawyer, Immediate Roadside Prohibition

If you have been handed an Immediate Roadside Prohibition (IRP), the lawyers at Mickelson & Whysall can help you. We specialise in defending IRPs and provide an individualized approach in each and every case. This is the key to success. No two IRPs are the same, so you need a tailor-made defence that applies to you and the circumstances surrounding the incident.

Defending an IRP

You will be given an IRP if you are in charge of a vehicle and you fail an alcohol breath test, you refuse to perform a breath test, or the reading is in the ‘warn’ range.

You are entitled to challenge the IRP, which if successful, would see that your driving prohibition is lifted immediately. Your licence will be re-instated, your vehicle will be returned to you, and the towing and storage costs will be paid by RoadSafetyBC.

You only have seven days in which to challenge an IRP. This involves making an application to RoadSafetyBC, asking them to review the prohibition. Given the tight deadline, you may be tempted to proceed with the application yourself, without the involvement of a lawyer.

However, we strongly recommend that you ask our lawyers to act on your behalf. In our experience, your chances of successfully defending an IRP are greatly increased if we manage the process for you. This is because we know exactly what defence will work in your case.

Our unique approach

There are lots of possible defences to an IRP. Some of them will have no bearing on your case, whereas others could be the lynchpin to success. Because we specialise in this area of the law, we can determine the best approach to take.

We will work alongside you to establish exactly what happened the day (or night) you were handed the IRP. There may be details which, to any other observer, do not appear important. However, to the trained eye, the small details can make all the difference.

For example, were you given the opportunity to provide a second breath sample on a different machine? If not, the IRP must be revoked. Or, did you genuinely attempt to provide a breath sample, but were ultimately unsuccessful? If so, you cannot be considered guilty of refusing a breath test.

We will also scrutinise the police report and the reliability of the Approved Screening Device (ASD). If there are any inconsistencies in the report, or any indication that the device was faulty, we will question the validity of the IRP.

Our IRP Defence Lawyers

When it comes to overturning an IRP, you cannot rely on a ‘one size fits all’ approach. A successful defence in one case will not necessarily work in the next. That is why an individualized approach is so important – it all depends on the facts of your particular case and the evidence available.

If you would like to defend your IRP, please contact us now at Mickelson & Whysall. You only have seven days in which to submit an application, so it is vital that you seek early legal advice.

Even if you think your case is open and shut, there may be a way forward. We will carefully analyse the details surrounding your IRP, creating a plan of action that works in your favour.

Do you have questions? We recommend also reading this article on Overcoming Common Obstacles When Searching for a Criminal Lawyer in British Columbia

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