Understanding Immediate Roadside Sanctions (IRS) in Alberta
If you’ve encountered an impaired driving incident in Alberta since December 2020, chances are you’ve received a Notice of Administrative Penalty, detailing the Immediate Roadside Sanction (IRS) applicable to your situation. But what exactly does this mean, and what actions can you take? Below, we provide an overview of Alberta’s Saferoads legislation and how it may affect you.
Key Points about Immediate Roadside Sanctions
First and foremost, it’s important to note that an IRS is not a criminal charge. Nevertheless, the consequences of receiving an IRS Fail can resemble a conviction, resulting in a minimum fine of $1,000 and a license suspension ranging from 15 months to a lifetime. While you may not have the option to go to trial, there is an appeals process available to contest the IRS.
It’s critical not to pay the fine. Paying the fine is considered an admission of guilt, and you forfeit your right to appeal.
Drivers can face both Criminal Code charges and IRS simultaneously, and the outcome of one may have ramifications for the other. For comprehensive information, contact one of our lawyers at Gunn Law Group.
A Brand New Regulatory Era
This is an entirely new regulatory landscape. Our law firm’s legacy of strong advocacy in impaired driving cases has positioned us as pioneers in handling the new impaired driving regime. We guarantee that, within 24 hours of retaining our services, we will initiate your IRS Appeal. We move swiftly to protect your rights.
Understanding the Alberta Laws
For those interested in a deeper understanding of the laws involved, you can access them for free on www.canlii.org. Below, we provide a summary of the relevant legislation:
The Traffic Safety Act
Under the Traffic Safety Act, Notices of Administrative Penalty can be issued for various drug and alcohol-related driving infractions. The IRS you’ve likely received falls under Section 88.1(1) – IRS Fail.
This section covers situations where an officer has reasonable grounds to believe that the driver:
- Was impaired by alcohol or drugs or a combination thereof in their ability to operate the vehicle.
- Had a blood alcohol level at or above 80 mg% within 2 hours of driving.
- Had a prohibited blood drug concentration within 2 hours of driving.
- Had a prohibited combination of blood alcohol and drug concentration within 2 hours.
- Failed or refused to comply with a peace officer’s demand for breath, blood, or participation in an evaluation to test for drugs, alcohol, or both.
The Provincial Administrative Penalties Act
This Act outlines the rules governing those who choose to request a review (appeal) of the Notice of Administrative Penalties. It also specifies the penalties associated with different IRS offences.
SafeRoads Alberta Regulation
Here are some crucial sections of the SafeRoads Alberta Regulation:
- Section 2 details the disclosure you can expect in a review.
- Section 4 outlines the grounds for raising in a review.
Seek Legal Assistance from Gunn Law
At Gunn Law Group, we focus on providing swift and effective legal support to individuals facing Immediate Roadside Sanctions (IRS) in Alberta. Our commitment is to initiate your Alberta IRS appeal process within 24 hours of engagement. Recognizing the urgency of these situations, our dedicated IRS lawyers act promptly to protect your rights.
If you’ve received an IRS Fail and are within the standard seven-day appeal window, it’s crucial to act swiftly. However, Gunn Law Group also offers solutions for those outside the standard appeal timeframe who need to contest an IRS suspension. If you require legal assistance for IRS Alberta, our team is prepared to guide you through the process of challenging your roadside suspension.
For further information or assistance in navigating the complexities of Immediate Roadside Sanctions Alberta, do not hesitate to reach out to Gunn Law Group. Our experienced lawyers are here to discuss your options and provide the support you need during this challenging time.