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Understanding Immediate Roadside Sanctions (IRS) in Alberta
If you’ve been stopped for an impaired driving incident in Alberta since December 2020, chances are you’ve received a Notice of Administrative Penalty (NAP), detailing the Immediate Roadside Sanction (IRS) applicable to your situation. But what exactly does this mean, and what actions can you take? Here is an overview of Alberta’s Saferoads legislation and how it may affect you.
Key Points About Immediate Roadside Sanctions
First, 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 appeal 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 an IRS simultaneously. 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.
Welcome to Administrative Law
SafeRoads is a relatively new regulatory regime. In December 2020, the Alberta Government decided to follow British Columbia’s lead and opt out of enforcing the provisions of the Criminal Code for most drivers stopped for the first-time for impaired driving. Under the SafeRoads regime, drivers are given nearly the same penalties as they would have received after being found guilty of criminal charges. These penalties are considered administrative in nature (rather than criminal) as drivers do not face the possibility of a jail sentence.
Drivers who receive a NAP are often confused by this administrative regime. This is not what they thought being stopped for impaired driving looks like. They were not taken to the station for testing. They were not told how much they blew. The officer did not mention a number – just that they failed. They were not read their rights. What is going on? For answers to some of these questions and others, please see our video.
For those interested in a deeper understanding of the laws involved, we are providing a summary of the relevant legislation below.
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:
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.
The SafeRoads Alberta Regulation
The most crucial sections of the SafeRoads Alberta Regulation are sections 2 and 4. 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
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.
At Gunn Law Group, we focus on providing swift and effective legal support to individuals facing Immediate Roadside Sanctions (IRS) in Alberta. If you’ve received an IRS Fail and are within the standard seven-day appeal window, it’s crucial to act quickly. However, Gunn Law Group also offers solutions for those outside the standard appeal timeframe who need to contest an IRS suspension.
Our law firm’s legacy of strong advocacy in impaired driving cases has positioned us as pioneers in handling the SafeRoads impaired driving regime. The NAP you received is very time sensitive. We guarantee that, within 24 hours of retaining our services, we will have the IRS Appeal process started. Get a Gunn Lawyer working for you!
