ADMINISTRATIVE DRIVING PROHIBITION (ADP)

Administrative Driving Prohibition (ADP) reviews and defences are complicated and confusing. Additionally, the consequences of an ADP are devastating, especially if you are also being charged with a DUI. Therefore, if you want to win your ADP review, you need an experienced ADP lawyer on your side.

YOU ONLY HAVE 7 DAYS FROM THE DATE OF YOUR ADP TO FILE FOR A REVIEW

The consequences of your first Administrative Driving Prohibition (ADP) include:

If you do not file for an ADP review within the statutory 7 day filing period, there is nothing that anyone can do to help you. Click here to file for your ADP review online.

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Frequently Asked Questions About ADPs

Is an ADP the same as a DUI?

An Administrative Driving Prohibition (ADP) is a driving prohibition issued under section 94.1 of the Motor Vehicle Act (MVA). They are usually, but not always, served when a driver is charged with a DUI under the Criminal Code. However, sometimes an ADP is served, and the driver is not charged with a DUI.

If you are being charged with a DUI, you will be arrested, informed of your Charter rights, transported to a police detachment for further testing and processing, and given a Promise to Appear with a court date. You will also receive a Notice of Driving Prohibition that immediately prohibits you from driving for 90 days.

Will I get a criminal record after receiving an ADP?

The ADP is not served under the Criminal Code, so it does not result in a criminal record. However, a DUI or impaired driving offence is a criminal charge. If you are convicted of a DUI, you will get a permanent criminal record.

Do I need a lawyer to fight my ADP?

In theory, you can do your own ADP review, but we absolutely do not recommend it. ADP defences are complicated and confusing for non-lawyers, and even for lawyers who do not focus on motor vehicle law. If you don’t know what arguments to make and what you need to prove, you cannot win your review. Importantly, you only have one chance to win the review, so you want to do it right the first time.

If you want the best chance to win your ADP review, you need to retain an experienced ADP lawyer as soon as possible after you receive your ADP. You only have 14 days to get your hearing done after the ADP is served so do not delay.

How long does the review process take?

Under the MVA, you only have 7 days from the date of the ADP to file for review. To be clear: that is 7 days, not 7 business days. So, if you receive an IRP on a Monday, you only have until the following Monday to file for review.

Under the MVA, you only have 14 days from the date of the ADP to get your hearing done. To be clear: that is 14 days, not 14 business days. So, if you receive an ADP on the 1st of the month, your hearing must be completed by the 15^th.

Under the MVA, the adjudicator only has 21 days from the date of the ADP to issue a written decision. To be clear: that is 21 days, not 21 business days. However, adjudicators are often unable to render a decision in time and the MVA permits them to issue an extension. So, while you cannot get an extension, except in exceptional circumstances, the adjudicator can (and often will) issue an extension.

If you file for a review, you should get a decision within 21 days of receiving the ADP. However, you could end up waiting a lot longer to find out if you have been successful or not.

I didn’t do anything wrong so why were the police allowed to pull me over?

The MVA gives police broad authority to stop and detain drivers. So even if you didn’t do anything wrong, they can still pull you over. Grounds for a valid traffic stop include checking for driver’s licence / insurance, ensuring the mechanical fitness of the vehicle, and checking for driver sobriety. So even if you were driving perfectly, the validity of the traffic stop is not a valid ground of review.

I didn’t look / sound / smell like I had been drinking so how can the police officer prove that they had grounds to administer a breath test?

First, it’s important to understand that reasonable suspicion is a very low standard. If the police officer detects an odour of liquor on your breath or you admit to consuming alcohol within 3 hours of driving, they can make a lawful demand for an ASD sample. A fail result on an ASD gives the police officer reasonable grounds for the breathalyzer test at the police station.

Second, as of December 2018, police officers can issue mandatory alcohol screening demands that do not require them to form suspicion at all. This leads to a bunch of other question, for example, when is a mandatory alcohol screening demand not valid?

This is why you need an experienced ADP defence lawyer. The right lawyer knows which questions to ask, and which answers will help you win your review.

Can I get a temporary driver’s licence, just so I can go to work?

No, there is no provisional licence available that will permit you to drive if you have been served with an ADP. The only thing you can do to get your licence back is file for an ADP review.

I have more questions. Where can I get more information?

Contact us today and we will be happy to address any questions you may have about your driving prohibition.