How to Run (and Hopefully Win) Your IRS Version 2.0

For all of you who may be facing a Notice of Administrative Penalty (NAP) for an Immediate Roadside Sanction (IRS), Gunn Law Group has an exciting announcement! We’re beginning a four-part series called, “How to Run (and Hopefully Win]) Your IRS 2.0”. We had created a podcast by the same name in 2022 but, of course, a lot has changed since then. We also realized that some people may only need assistance or want to know more about one particular aspect of SafeRoads litigation.

On September 29th, 2024, the first episode of how to navigate the SafeRoads portal will be published. There are a number of reasons why you may want or need to go to the SafeRoads portal. First, all the police disclosure is there. Second, once you receive a decision, that is where it is published. Third, the portal is where you go for the 1/2 hour, virtual, SafeRoads IRS hearing. Fourth, if you lose your appeal or decide not to fight the NAP, you will need to go to the SafeRoads portal to pay the fine, and, if applicable, to ask for more time to pay. Finally, the portal is also where you would go to upload your written submissions and any supporting documents.

There is a Technical Materials Library on the SafeRoads portal. Lawyers who regularly defend clients charged with impaired driving, driving with a blood alcohol level exceeding the legal limit, or refusal in Alberta have become very knowledgeable concerning the contents of the Technical Materials Library (TML). The TML is often used to support various arguments, particularly those concerning mouth alcohol and the police not following proper procedure.

On October 13th, the episode called “Getting to Know CanLii” will hit the sound waves. This is a very important segment of the four-part series of How to Run (and Hopefully Win) Your IRS. People don’t always know how to find cases or to read the governing legislation. This episode explains how to use a very powerful online legal research tool that is free for everyone.

On October 27^th, the 3rd segment called “Arguments that Win Cases” will be published. Clients often ask us whether anyone wins when they try to fight their Notice of Administrative Penalty. Defences that clients can raise at their IRS hearing in the SafeRoads regime can sometimes be difficult to understand. People are curious about what kinds of arguments succeed in front of the SafeRoads adjudicators. In addition to the arguments that were outlined in the original podcast published in 2022, this updated version outlines some of the most influential cases that are shaping SafeRoads litigation currently.

Finally, the last episode of “Preparation of Oral and Written Arguments” helps to prepare people for the day of the actual hearing. If someone is trying to do this themselves, this how-to guide, with step-by-step instructions should be of great assistance. For those who have trusted their case to a lawyer, it allows the client to know what to expect on the day of hearing and what to expect out of the written submissions from their lawyer.

Being charged with impaired driving, driving with a blood alcohol level over the legal limit, or failing or refusing to provide a breath sample can be a life altering situation. In Alberta, for a first offence, the recipient of the NAP is looking at a $1200 fine and a 15-month license suspension. For a third offence it will be a lifetime suspension.

While these are not criminal charges, the impact of an IRS can be very severe. The cost of insurance goes up by between $3-4000 per year. The threat of a possible lifetime suspension is not something one finds under the provisions of the Criminal Code. So, although these are not criminal charges, they are sufficiently serious that people who receive the Notice of Administrative Penalty need to be as well informed as possible.

Gunn Law Group has the experience you need to put forward the best possible defence. Contact us today to see how we can help you.