IRPs - successful Judicial Review

One of Mr. Armour's clients is extactic to have his driving record clean and a charge for driving while prohibited dropped after he was charged for taking his vehicle from the impoundment lot after he received an IRP.  The Client was originally going to abandon any review process and just "take his lumps", but after meeting with Mr. Armour for a consultation, he learned there was more to his case to work with than he'd originally thought.  As such, he filed for an  IRP review last summer but it was initially denied by the adjudicator in an incredibly biased and unreasonable decision.  Accordingly, Mr. Armour filed for Judicial Review and challenged the adjudicator's decision before the Supreme Court.  The Supreme Court agreed that the decision was unreasonable and ordered that it be reheard with a fair hearing before a different adjudicator.  The prohibition was ultimately revoked.

This means that not only was Mr. Armour's client driving record ultimately cleared, but he is also no longer required to participate in any remedial penalties such as the Ignition Interlock program.  He was also reimburssed for the towing fees, impoudment costs, and the filing costs for his reviews.

Perhaps most importantly is that fact that, because the prohibition was revoked, it means he was never actually prohibited from driving.  As such, while the police "thought" he was driving while prohibited last summer, in fact the prohibition was unlawful and therefore he cannot be convicted of the offence.  This means the charge against him for driving while prohibited was ultimately dismissed and his record for that remains clear as well.

 

If you receive an IRP, it's important to get a proper and informed opinion from a skilled lawyer familiar with this area of law before throwing in the towel.







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