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 at 780-488-4460.
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.
Need Legal Help with an IRS Penalty in Alberta?
If you or a loved one has received an Immediate Roadside Sanction (IRS) under Alberta’s SafeRoads legislation, don’t navigate it alone. The legal and financial consequences can be serious — and time is limited. Call Gunn Law Group at 780-488-4460 or request a consultation today.
UNDERSTANDING THE ALBERTA LAWS FOR IRS
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.
Understanding Safe Roads Alberta and IRS regulations is crucial for any driver. Our comprehensive guide on SafeRoads Alberta explains what to expect and how to respond if you face an IRS penalty.
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.
Have Questions About Immediate Roadside Sanctions Alberta?
You’re facing an IRS penalty, we handle the process for you — from start to finish. When you contact Gunn Law Group, the first step is opening a file. Once that’s done, we answer all your questions, request and review the disclosure with you, appear in court on your behalf when needed.
There is an appeal process that we encourage all of our clients to access. You must start an appeal within 30 days of being charged. The form you need to purchase from a Registries office is the Alberta Administrative License Suspension In Person Appeal Form (Reg 0410). It will cost about $250.00 plus a “small” handling fee (around $30.00). Once you have the form, you will need to sign it and send it to our office along with the Notice of Suspension/Disqualification and the Certificate of Qualified Technician (if you received one). Our office then uses those documents to start the appeal in front of the Transportation Safety Board on your behalf. The sooner you can send your documents to us, the better.
If you were charged before April 2018, you were given an indefinite license suspension and if you were charged after that date, a 15-month suspension. There are, occasionally, but definitely not always, arguments which can be made to allow you to get credit upon conviction for the time you have spent without a license. Because credit is not certain, it is very important that you at least start the AALS appeal process within the 30 day time limit. This is also one of the reasons why it is important to get disclosure quickly so that you can get advice from your lawyer as to whether or not you have defences to the charges.
Call your lawyer immediately. If you don’t have a lawyer, call the court house and the Crown Prosecutor’s office. Be aware that, depending on the nature of the court appearance, the matter may still go ahead if there is a suggestion that your reason is not valid.
If you are a youth you must appear at all court appearances unless you have filed a designation of counsel. Even then, you should know that some courts will insist on you being personally present for the first court appearance. It will not be enough to send someone else, a non-lawyer, in your place. If you are an adult and you know that the Crown is proceeding by summary conviction, as opposed to by indictment, you may be able to send someone in your place, depending on the kind of court appearance it is. Check with a lawyer before assuming that you do or do not have to be personally present. If the Crown is proceeding by indictment, you may file a designation of counsel which will allow a lawyer to be present on your behalf for most preliminary court appearances. (See question about summary versus indictable offences).
From the time you put in a plea it will probably take, at the very minimum, two and a half months before the matter will come up again for trial. Normally, though, it will take longer. Generally, you can expect that it will take between four and seven months to get the matter to trial. It may take longer depending on a number of factors.
The penalties will vary depending on when you were charged. If you were charged before December 18, 2018, s. 11(i) of the Canadian Charter of Rights and Freedoms applies in your case. That section of the Charter guarantees that if the sentencing regime changes after you were charged with an offence, you should be able to get the benefit of the least onerous sentencing regime. If you were charged after December 18, 2018 and you provided samples of breath, the minimum fine for readings between 80 and 119 mg% will remain $1000.00. For readings between 120 and 159 mg% the minimum fine will be $1500.00. A blood alcohol level of 160 mg% or more, or any kind of refusal, will result in a minimum $2000.00 fine. There will also be a minimum one year driving prohibition upon conviction, but, post-December 18, 2018, the Court may or may not impose a mandatory waiting period before allowing access to the Ignition Interlock program.
There are too many changes to outline all of them here. It is important that you speak to a lawyer to understand the full impact these changes may have on you or someone you care about. Here, however, are some of the highlights:
The section numbers of the offences in the Criminal Code all changed (see below).
The nature of the offences has changed:
- Impaired driving (s. 253(1)(a)) became operating a conveyance while the ability to do so is impaired by alcohol (s. 320.14(1)(a)).
- Driving with a blood alcohol level over 80 mg% (s. 253(1)(b)) became operating a conveyance within two hours of having a blood alcohol level at or exceeding the limit of 80 mg% (s. 320.14(1)(b)).
The penalties have changed. These may or may not apply to you. Make sure to speak to a lawyer before making any use of the following information.
- With respect to fines, there used to be a mandatory minimum $1000.00 fine for impaired driving-related offences. After December 18, 2018, the minimum fines depend on the results of the breath tests. Refusals or failures to comply with demands for breath, bodily substances or sobriety tests, will result in a minimum $2000.00 fine (s. 320.19).
- With respect to the driving disqualification period, the mandatory minimum remains a one year driving prohibition. However, before December 18, 2018, a person convicted would have to wait three months before being able to access Ignition Interlock which would allow the person to drive for the remaining nine months. After December 18, 2018, a Court may allow a convicted person access to Ignition Interlock without any mandatory wait period, allowing the person to drive for the 12 month prohibition (S. 320.24).
An officer who has a screening device in his or her possession may stop a vehicle for a sobriety or document check and require the driver to blow into the device without having grounds even to suspect that there has been consumption of alcohol.