David Karp recently helped a client who had lost their drivers license for 90 days. David appealed to the Superintendent of Motor Vehicles and was successful in overturning his clients driving prohibition at an IRP Hearing. The client does not have a criminal record and is driving again.
Have you been issued an Immediate Roadside Prohibition (IRP), talk to David Karp. He can assist you in determining if the prohibition was issued in error and also apply for a review hearing. The following is a list of the possible grounds for review. You may apply for a review if one or more of the following grounds apply:
- you were not the driver, or were not in care or control of the motor vehicle;
- you were not advised of your right to a second test on an approved screening device (ASD);
- you requested a second breath test, but the officer did not perform a second test;
- your second test was not performed on a different ASD;
- the prohibition was not served on the basis of the lower of the two ASD results;
- the result of the ASD test was not reliable;
- the ASD, which formed the basis of the prohibition, did not register a WARN reading;
- the ASD registered a WARN, but your blood alcohol content was less than 0.05% BAC (50mg of alcohol in 100ml of blood);
- the ASD, which formed the basis of the prohibition, did not register a FAIL reading;
- the ASD registered a FAIL, but your blood alcohol content was less than 0.08% BAC (80mg of alcohol in 100ml of blood);
- your 7–or 30–day prohibition should be reduced because you did not have any previous IRP(s);
- you did not refuse or fail to comply with a demand for a breath test, or;
- you had a reasonable excuse for refusing or failing to comply with a demand.
If you need a lawyer to represent you for a roadside prohibition, please contact David Karp for a free consultation.
