We are Alberta’s Immediate Roadside Sanction Lawyers. IRSs are issued by a peace officer who has reasonable grounds to believe a person has committed an impaired driving offence. The suspension starts the moment you are issued with a notice of administrative penalty. TEXT or EMAIL US A COPY OF YOUR NOTICE IMMEDIATELY to 780-686-7948 or zivlawgroup@gmail.com.
The driving suspension is 90 days, but the penalty doesn’t end there! After the 90-day suspension, you will only be able to get your driver’s license back with the installation of a blow box, also known as an interlock ignition device. This device is costly and you will be required to keep it in your vehicle for at least 12 months. If you drive a truck or company vehicle, you will not be allowed to drive, unless your employer permits you to install a blow box in the company vehicle.
An IRS means:
- An immediate license suspension for 90 days;
- A blow box installed for at least 12 months;
- A 30- day seizure and costs associated with retrieving your vehicle (including towing fees);
- A $ 1000.00 fine payable after 7 days of issuance of the notice of administrative penalty;
- Mandatory Impaired Driving Education (including payment of course fees);
- Increased Insurance Premiums;
- Reinstatement fees.
WHAT WE DO TO HELP YOU!
- Make sure the police officer filed the proper paperwork;
- Make sure we receive the required disclosure from the government within the time required by law;
- Make sure we file the appropriate evidence of your behalf to challenge your suspension (WE ENSURE YOUR CHARTER RIGHTS ARE PROTECTED!);
- Make sure a hearing is set up for you quickly in order to get your license back;
- Conduct the hearing for you either in person or in writing;
- Analyze the decision and advise you what further steps to take get your license back.
A WORD ABOUT BREATHALYZERS!
Breathalyzers can be inaccurate!
- Was the officer properly trained or qualified to use it?
- Was it calibrated correctly?
- Was the mouthpiece clean and unused?
- Was the device properly used?
How to get your license back: IMPORTANT TIMELINES
After you receive your notice of administrative penalty you only have 7 days to file an appeal (request for review).
After an appeal is filed – you are entitled by law to receive disclosure (relevant records). This disclosure has to be provided in a timely manner. You are entitled to provide your own “records, representations, arguments or evidence” but this must be done two days before your hearing for review.
A hearing must be scheduled within 21 days after your notice of administrative penalty is served on you. This means that we need to act quickly to collect your evidence and submit it! The review is conducted orally or in writing.
After the hearing the adjudicator has to issue their decision quickly, with 30 days of the notice of administrative suspension being issued. If you are successful at this stage of proceedings then the adjudicator will cancel your suspension and return applicable fees to you. If you are not successful at the review you then have 30 days to file an appeal to the Court of Queen’s Bench.
Statutory Appeal (Getting you license back until your appeal is heard)
A positive point about a statutory appeal is that you can apply for a STAY of the IRS driving suspension. In other words, if you are successful in your stay application, you can get your license back immediately until a court decides your case.
At this hearing the Judge will look at whether the decision to uphold your license suspension was reasonable and correct in law.
A personal message from Rory Ziv
Having a driver’s license is a must. Using “alternative” modes of transportation just isn’t realistic in a province like ours. The distances we need to travel are far and the weather is inhospitable. For many people, the loss of a license could mean financial ruin. I understand how important your license is to you; I promise my team and I will do everything we can to get it back.
We are Alberta’s Immediate Roadside Sanction Lawyers!
TEXT US A COPY OF YOUR SUSPENSION TO 780-686-7948!
