Recent Cases

Vancouver Criminal Lawyer: Cathryn Moore

90-Day IRP

The Facts:

There was a report to the police about a motor vehicle accident. The witness observed the driver in the driver’s seat, with their seat belt on and with the keys in the ignition. The driver admitted to the police that they were driving when they lost control of the vehicle and it went into the ditch. The driver blew for “fail” readings. The driver was issued a 90-day Immediate Roadside Prohibition.

The Argument:

The driver was not found to have care and control of a motor vehicle on a highway or an industrial road, and therefore my client cannot be said to be a driver within the definition of the Motor Vehicle Act.

The Result:

“I am satisfied that you were not a driver within the meaning of section 215.41(1) of the Act.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.