Impaired Driving and SafeRoads

As of December 1, 2020, there are two routes that police can take in the course of impaired driving investigations. You can be charged criminally for impaired driving related offences under the Criminal Code, or officers can decide to issue an administrative penalty under the Immediate Roadside Sanctions (IRS) program, also called “SafeRoads.”

The potential consequences for either a criminal charge for impaired driving or for an Immediate Roadside Sanction can be severe. If you have been charged criminally, or if you have received a Notice of Administrative Penalty under the IRS program, you should contact a lawyer as soon as possible to discuss your rights and options. Our lawyers are able to assist with both the criminal charges, as well as Immediate Roadside Sanctions.

If you have received a Notice of Administrative Penalty for an IRS

If you have received a Notice of Administrative Penalty you only have 7 days to file an appeal or review. If you do not file a review within that time period, you may lose your ability to dispute the issuance of the penalty. That is why it is important to get help from an experienced impaired driving lawyer as soon as possible. Our Edmonton impaired driving lawyers will ensure that the proper steps are taken to leave you with all available options to dispute the penalty and protect your rights.

If you have missed the 7-day deadline to file for a review of your NAP, there still may be a way that we can assist in securing a judicial review (which is similar to an appeal).  

SafeRoads Judicial Review

If you have gone through the process of disputing your Notice of Administrative Penalty and the SafeRoads Adjudicator has confirmed your IRS Fail, you have the option to pursue a Judicial Review of the Administrator’s decision. 

Judicial Review is similar to an appeal, and if the Adjudicator made errors in reasoning, was unfairly biased, or delivered an unreasonable decision, the Court of King’s Bench has the jurisdiction to grant remedies which can include quashing (i.e. throwing out) the decision and returning it to SafeRoads for reconsideration, or even order that the Notice of Administrative Penalty be set aside. 

If you are interested in proceeding with a Judicial Review of the SafeRoads Adjudicator’s decision to confirm your IRS Fail, you only have 30 days from the date of the Adjudicator’s decision to file and serve the appropriate documentation. 

If you have been charged with impaired driving under the Criminal Code, issued an administrative license suspension or are looking to appeal the decision of a SafeRoads adjudicator, contact us now for a free 30-minute consultation at Purser Law now 1-800-523-6202 or book online.