To file for a review, you must bring your Notice of Driving Prohibition to any ICBC Driver Licencing Office. Once there, you will be asked to complete a one-page form called an Application for Review. We strongly recommend speaking to one of our lawyers prior to attending the Driver Licencing Office so you can receive legal advice on how to properly complete the application form. Our lawyers can also provide you with an advance copy of the form that has much of the required information already filled in and the appropriate boxes, such as those relating to your grounds for review, checked off.

Once you have completed your Application for Review, you will be required to pay your application fee. The application fee for an oral review, which is the type of review our lawyers prefer, is $200. You also have the option of a written review, which has a $100 application fee but lacks some of the benefits of an oral review.

After you have paid your application fee, the agent at the Driver Licencing Office will schedule the time and date for your review hearing. If you filed for an oral review, you will have a say in when your review hearing is scheduled. With few exceptions, your review must take place within 14 days of the date you received your IRP. If you are using a lawyer, please consult your lawyer regarding his or her availability prior to scheduling the review. If you speak to us beforehand, we can provide you with a list of times and dates we are available to conduct your review. This will enable you to easily schedule your review in accordance with your lawyer's availability.

Once the review has been scheduled, the agent at the Driver Licencing Office will provide you with a copy of the evidence the officer has submitted to date, assuming it is available at that time. Due to how quickly IRP reviews occur, it is important that you get a copy of this disclosure to your lawyer as soon as possible. Please note that RoadSafetyBC no longer provides lawyers their own copy of the initial disclosure directly.

Upon receipt of the disclosure, our lawyers will begin by thoroughly reviewing the officer’s evidence. We do this for two reasons: first, to get a sense of the officer’s case; and, second, to look for any errors the officer may have made when conducting his investigation or completing his reports. We will then interview you to determine whether anything you can tell us assists your case or amounts to a defence. This interview process is important, as an applicant’s defence often arises from information that is not included in the police officer’s reports.

If a defence is available to you, we will explain the defence and provide you with our opinion on the chances of your IRP being overturned. This will enable you to make an informed decision as to whether you wish to proceed with the review. If you decide to proceed with the review, we would then engage in the necessary preparations and subsequently represent you in the review.

As mentioned above, the review will happen within 14 days of the date you received your IRP. The adjudicator is then obligated to make a decision within 21 days of the date you received your IRP. If the adjudicator is unable to make a decision within 21 days, they will usually release your vehicle, stay your driving prohibition and issue you a temporary driver's licence until they can decide.

Unfortunately, there are too many defences to discuss them all here. However, our lawyers are familiar with all of them and will explain any and all defences that apply to your case before we proceed with your review.

One question we often get asked is, "But I blew two "FAIL" readings, how can you possibly get me out of this?". Our response is that you can’t assume, just because you blew one or more "FAIL" readings, that you have no defence. Popular defences to IRPs based on "FAIL" readings include, but are not limited to, arguments that the "FAIL" readings are unreliable or you blew a "FAIL" despite having a blood alcohol concentration under 80 mg%. A "FAIL" reading will be found to be unreliable if it can be shown it was affected by mouth alcohol or if the officer fails to submit sufficient evidence to establish that the device you blew into was properly serviced and calibrated at the time you blew into it. Other issues include whether the officer offered you a second test and whether the second test was done on a different device, among others.

In the case of an IRP based on a refusal or failure to provide a breath sample, key defences that arise are (1) whether the officer made a lawful demand for a sample of your breath, (2) if so, whether you intentionally failed or refused to comply with the officer’s demand, and (3) whether you had a reasonable excuse for doing so. Once again, this list of defences is not exhaustive.

Finally, there are some defences that apply equally to all types of IRPs. These defences include whether you were driving or in care or control of your motor vehicle at the time and whether the officer submitted a properly sworn or solemnly affirmed Report to Superintendent within 7 days of the date you were served your IRP.

No. IRPs are issued under the Motor Vehicle Act and therefore will not leave you with a criminal record. However, an IRP will form part of your permanent driving record unless you successfully dispute it.

Yes, but it’s not recommended. The reason our lawyers succeed so often in IRP reviews is because we have extensive experience in conducting these reviews. It is due to that experience and our extreme familiarity with the law that we are able to spot and effectively argue defences that less experienced persons are likely to miss or be uncertain about how to present. We are also exceptionally familiar with how the Superintendent's adjudicators think and respond to certain evidence and arguments, which gives us a significant advantage when preparing the evidence and arguments for your review. That advantage is particularly important today, as recent legislative amendments have transferred the onus of proof from the officer to the applicant. In other words, the onus is no longer on the officer to prove that your IRP should be upheld, the onus is on you to prove that your IRP should be overturned.

One mistake unrepresented applicants often make when conducting their own reviews is trying to argue their IRP should be overturned due to hardship, personal circumstances, or remorse. The adjudicators will not consider hardship, personal circumstances, or remorse in any way shape or form when deciding your review and are in fact not permitted to under the law. They will also not consider the fact you have an otherwise clean driving record. The IRP legislation also does not permit adjudicators to reduce your 90-day IRP or grant you an exemption to allow you to drive for work purposes. There is no negotiating when it comes to an IRP. Ultimately, the adjudicator will decide whether to uphold or overturn your 90-day IRP in its entirety. They do not have the power or ability to do anything else.

If your review is successful, you will immediately be able to attend a Driver Licencing Office and obtain a new driver's licence. Any vehicle impounded as a result of the IRP will immediately be released and RoadSafetyBC will pay the towing and storage costs that accumulated up to and including the date of the decision to overturn the IRP. Your IRP will also be removed from your driving record and you will no longer be subject to any of the other penalties associated with your IRP.

We aim to keep our fees for IRP reviews very reasonable and competitive. Please contact our highly experienced lawyers for a quote and an explanation of the fees associated with an IRP review.