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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101061
Experience:  Lawyer
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My daughter got a 90 IRP fail. She is a New Driver.

Customer Question

My daughter got a 90 IRP for a fail. She is a New Driver. She was not in the car and it was not her car when the police arrived. She did admit to driving and said her last drink was at 9 pm. The test was at 2:20 am. She is writing a letter to appeal and it has to be done tomorrow. Any issues she should be aware of to use in her appeal letter. This is in BC, Canada and the rules changed in recently. She did pay $100.00 for the appeal and has to have information in by Friday at 9:00am Thank you
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
90 day Immediate Roadside Prohibition. Appealing on that she was not in care of the car. Also she didn't refuse to a breath test. She blew a fail. Said no to a second test. She was not in the car when peace officer arrived. She admitted to driving. She didn't have her drivers license with her. Her friend came to pick her up while the police were there and the police told him to leave. What would be best to put in the letter of appeal?
Expert:  Debra replied 1 year ago.
I am not sure why you believe there are grounds to appeal at all . Can you explain? You said she already admitted to driving and she blew over and dud refuse to blow a second time so why would she be appealing just because she wasn't in the car at the time the officer attended the scene? Where is the error exactly? Am I missing something ? Please explain a bit more.