New IRP laws

As much as we wanted it to go away and not come back, the Government has introduced NEW IRP laws to fix the problems that were found unconstitutional back on November 30, 2011.  These changes will make blowing a "fail" into an approved screening device grounds to immediately prohibit a driver for 90 days and impound their vehicles again. You can find the press release here and the proposed legislation here.

So what are the significant changes?

Mostly...nothing. 

There are some "changes", but they really do not add much to the old legislation.  They are: (1) a requirement that the officer's report be officially sworn, (2) that the officer provide calibration information for the ASD he or she uses, and (3) that if you provide a second sample and it differs from the first sample, then it is the LOWER of the two readings that will prevail (as opposed to the second sample as it was stated in the old legislation).

So what does this mean for you if you were already affected?  Nothing.  The Act does not specify any remedies for anybody affected under the old regime.  As such, if you have been patiently awaiting a decision from the Judge in relation to Sivia, then you will just need to keep waiting.

The new law is to come into effect June 15, 2012.