The Administrative Driving Prohibition (ADP) – 604-318-3838

If you have received an ADP in British Columbia, then normally there was a police investigation regarding your use and operation of a vehicle when there was some alcohol in your body. The police investigation usually escalated in seriousness to become a criminal impaired driving investigation. (For more information about any criminal alcohol-related driving charges SEE INFORMATION ON THE RIGHT SIDE OF THIS PAGE).

In the course of proceeding with a criminal driving offence investigation (usually impaired driving) the officer has usually made a legal demand for breath samples from you that would require you to do more than simply provide a sample at the roadside.  This demand, referred to as a breath demand (not an ASD demand) is most frequently one issued under section 254(3) of the Criminal Code and requires you to accompany the officer to the police station for breath samples to be provided into a machine called an “approved instrument”, in B.C. the most common approved instrument is the BAC Datamaster C. In the course of the regular “run-of-the-mill”  impaired investigation (though not all investigation) you will have been transported to the police station for the purpose of obtaining samples of your breath on the BAC Datamaster C   You may have spoken to a lawyer at the police station and been introduced to a Breathalyzer Technician (another police officer who has training in the operation of the BAC Datamaster C) and thereafter either refused/failed to provide samples or provided at least two separate breath samples usually the samples were taken more than 15 minutes apart.

After the breath sampling at the police station using the BAC Datamaster C has concluded and breath samples obtained (or not as the case may be) if the breath samples obtained show readings that are all over 80 milligrams then the police may have issued you an ADP driving prohibition in addition to any criminal charges or court process documents.

The main difference between police investigation where an ADP driving prohibition is issued rather than an IRP 90 day driving prohibition being issued is that where an ADP driving prohibition is served there are normally the added factor of criminal charges being contemplated in the investigation.   In addition the law governing  the appeal of an ADP driving prohibitions is different that the law governing the appeal of an IRP driving prohibition, thus giving rise to different defences to the allegation on appeal.  ADP driving prohibitions are also different because under the current law they are not IMMEDIATE driving prohibitions in that they do not take effect for 21 days from the date the Notice of Driving Prohibition is served upon (whereas in the case of and IRP driving prohibition the actual driving prohibition takes effect immediately upon a person being served with the Notice of Driving Prohibition and continues in effect for the length of time stated in the Notice).  Thus under the common ADP driving prohibition situation there is a “grace period” of 20 days during which one might be permitted to actually drive after the alleged offence date.  There are certain financial costs associated with an ADP driving prohibition that you should be aware about.

Suffice to say the issuance of an ADP driving prohibition by the police assumes that the police officer has operated the BAC Datamaster C breathalyzer machine correctly, that the BAC Datamaster C was properly functioning at the time of the tests and that the results of the BAC Datamaster C that were achieved are actually an accurate and reliable reflection of the amount of alcohol in your body.  UNFORTUNATELY FOR YOU police officers often screw up using the BAC Datamaster C, sometime the most simple and proper procedures are not used that would ensure the reliability of the results from these breath tests, and sometimes the BAC Datamaster C tests achieved do  not actually reflect the actual readings of your blood alcohol content at the time of driving (which is the time the actual offence took place).  Breath testing results must be proven to reliable in criminal cases.  Unfortunately in ADP driving prohibition appeal cases often times there are shortcuts taken by the police (that in the normal course would be subject to careful scrutiny by the courts in a criminal case) but will be unfortunately not be able to be scrutinized in the ADP appeal.   There are however, avenues of appeal that might draw on the accuracy of the breath results.  For better clarification you should consult our Vancouver driving prohibition lawyer, Jamie Butler for a free initial consultation on the subject.

Any driving prohibition served upon you can put your job, your future and family at risk so no matter what driving prohibition that you have been served you should IMMEDIATELY seek advice from a qualified driving prohibition lawyer to obtain the details regarding same.  Our lawyer, Jamie Butler, is a former prosecutor who can explain the repercussions, effects, appeal procedures and possible defences to you.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of appealing your driving prohibition.  Alternatively we also offer a FREE LEGAL EVALUATION of your driving prohibition matter by your sending us a brief written description of your case by CLICKING HERE.