What is a 90 Day Administrative Driving Prohibition?

The B.C. government has moved away from charging people criminally for impaired driving unless they have a criminal record for impaired driving or situations where an accident took place and alcohol is suspected as contributing to the accident. Instead, police are using the B.C. Motor Vehicle Act and Regulations to deal with impaired drivers. Under the Motor Vehicle Act the police can issue a 90-Day Prohibition (“ADP”) to any driver who is found to have a blood alcohol level over 0.08%, a blood drug concentration that violates the Motor Vehicle Act Regulations or where the driver refuses to provide a breath sample without reasonable excuse. An officer cannot issue an Immediate Roadside Prohibition (“IRP”) at the same time as he/she issues an ADP.

What are the Grounds for Review for Challenging an ADP?

A driver must apply for a review of the ADP within 7 days of receiving the Notice of Driving Prohibition. The driver can attend a local B.C. Driving Licence Office/Motor Vehicle Branch to file the “Application to Review a Driving Prohibition”. Remember to bring in your driver’s licence and ADP citation. A failure to file the review within 7 days will likely bar you from appealing the ADP.

The grounds for review of an ADP are the following:

• The driver did not operate or have care or control of the vehicle;
• The concentration of alcohol in the driver’s blood did not exceed 80 milligrams of alcohol in 100 milliliters of blood within 3 hours;
• The driver did not refuse or fail to comply with a demand under S.320.15 of the Criminal Code to supply a breath or blood sample and
• The driver had a reasonable excuse for failing or refusing to comply with a demand under section 320.15 of the Criminal Code to supply a breath or blood sample.

How are the ADP Reviews Conducted?

Reviews can be conducted either in writing or through oral submissions. You must indicate your choice on the Application to Review a Driving Prohibition. There is a $50.00 fee for a written review, and a $100.00 fee for an oral review. If you choose a written review, you or your lawyer must prepare a written submission. If you choose the oral review then you or your lawyer will make submissions to an adjudicator over the phone an a scheduled date. You will receive disclosure of “particulars” to help you prepare for your hearing. Particulars typically contain police notes/report, the certificate of prohibition, a certificate of breath analysis and other disclosure that is relevant to the proceeding. You or your counsel can use these materials to determine whether the police made any mistakes (wrong dates, times, identification of driver etc) that may assist the driver in the review.

Should You Use a Lawyer for an ADP Review?

An ADP can have a significant impact on one’s life given the length of the driving prohibition, the impact on one’s driving record and the costs associated with the ADP. If you can afford counsel then it is highly recommended that you retain one. It is difficult to conduct an ADP Review without any legal training. Noah Neaman has been a lawyer for over 25 years with outstanding experience and results with respect to driving offences. You can call him at 778-881-1785 and/or visit his website at www.neaman.com


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