Grant Gottgetreu has provided valuable insight into countless reviews of Immediate Roadside Prohibitions.
In BC, lawyers contesting an Immediate Roadside Prohibition (IRP)on behalf of a client can find that the chips are stacked against them.
Changes made when the third version of the scheme, IRP 3.0, was introduced in April, 2016, included the reversal of the onus of proof. Where once it was up to the police officer to justify the prohibition it is now up to the defence to prove the accused was not driving while under the influence.
Police are now entitled to refuse the disclosure of evidence against the driver, such as the police report unless the applicants pay a fee. Additionally, a seven-day limit to file for a review of the prohibition makes it impossible to obtain relevant information via Freedom of Information requests.
These inherent limitations on the review process, as well as an inability to cross-examine police officers, make challenges difficult, even for skilled lawyers with experience.
Your best chance of evening the odds at an IRP review is to call a forensic consultant who knows the police perspective. Grant Gottgetreu knows the police perspective.
Chances of Success in a 90-day Immediate Roadside Prohibition Dispute
These cases are highly technical. The legal landscape involving roadside driving prohibitions is constantly evolving, and a consultant who knows the IRP process inside out is Grant Gottgetreu. His knowledge of the scheme is encyclopedic. It ought to be, he was several times named a member of Alexa’s Team, a select group of police officers from the Lower Mainland who are recognized by the Insurance Corporation of BC and Mothers Against Drink Driving for removing a high number of drivers from the road for impaired driving.
If the police officer that issued your client with an IRP made a mistake, Grant will find it. There are numerous technical and legal arguments grounded in basic administrative law principles of fairness and natural justice, that may come into play depending upon how the case progressed.
If you hire Grant Gottgetreu for your Immediate Roadside Prohibition case, he will provide an expert report and identify any applicable analysis to give you the best chance of success.
Timelines in an Immediate Roadside Prohibition Review Case
You only have seven days from when the prohibition was issued to file for review on behalf of your client.
Grant is prepared to work as quickly as possible in order for you to advance the best defence possible for your client within a short timeframe.
He will scrutinize the police evidence for errors, omissions, and inconsistencies in a way only he can. As a certified roadside breathalyzer calibrator, operator and instructor, Grant is quick to identify operational or maintenance issues that may be overlooked. His knowledge of calibration procedure has led to lawyers securing the outcomes they want for their clients.
All 90-day IRPs are issued at the roadside by a police officer following claims that a driver provided a sample to an Approved Screening Device that registered a “Fail” reading or refused to provide a breath sample at the roadside. The prohibition begins immediately and the driver’s vehicle is impounded.
The duration of the prohibition is 90 days. The impound duration is 30 days. There is a monetary penalty of $500, in addition to the towing and storage charges. Anyone who is served a 90-day IRP must complete the Responsible Driver Program $930 ($905 plus GST) and pay a $250 license reinstatement fee. Many of them may have to have an ignition interlock device installed in their vehicle (approximately $1730 plus $207.60 tax per year).
IRPs are never expunged from driving records and clients’ only recourse is to challenge it immediately. With so much on the line, convincing your client to hire Grant Gottgetreu should be very straightforward.
If you are looking to apply for a review of a 90-day Immediate Roadside Prohibition for a client, give Grant a call.
- Grant on the Lynda Steele Show: HOV cheaters. Is the fine enough for the crime?
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- Grant on the Lynda Steele Show: What does the law say about driving in Vancouver during snowy weather?
- Grant Gottgetreu on the Lynda Steele Show: Full Podcast
- Grant Gottgetreu on Global BC News: new details and video in crash that killed taxi driver