Understanding SafeRoads Alberta Challenges

SafeRoads Alberta (“SafeRoads”) is an administrative branch of the Alberta government that deals with impaired driving offences that are alcohol or drug-related.

The SafeRoads initiative was created in December 2020 to address the significant backlog Alberta’s court system was facing due to the substantial amount of time and resources required to resolve traffic issues. The aim is to lessen the burden on the criminal courts by giving peace officers the power to issue impaired driving penalties that take immediate effect.

Although penalties for impaired driving offences are now typically addressed under an administrative system, you may also receive a criminal charge under the Criminal Code of Canada (“Criminal Code”). For information on criminal impaired driving offences in Alberta, please see our Impaired Driving Lawyers in Calgary and Impaired Driving Lawyers in Edmonton pages.

SafeRoads addresses administrative impaired driving offences which are significant and can have long-term consequences. Having a seasoned lawyer who can represent you in disputing these penalties is extremely beneficial and can drastically change the outcome of your dispute.

How do I Dispute my IRS?

If you are caught driving over the legal limit, whether under the influence of alcohol or drugs, you may receive a Notice of Administrative Penalty (“NAP”) for an Immediate Roadside Sanction (“IRS”).

Pursuant to the Traffic Safety Act, there are 5 different types of sanctions, all of which are explained here.

The most common is an IRS: Fail which is imposed where a peace officer has reasonable grounds to believe that you:

• Operated a motor vehicle while your ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; or
• Within 2 hours after ceasing to operate a motor vehicle, had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood; or
• Within 2 hours after ceasing to operate a motor vehicle, had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug (prescribed by regulation under the Criminal Code); or
• Within 2 hours after ceasing to operate a motor vehicle, had a combined blood alcohol and drug concentration equal to or exceeding the limits prescribed by the Criminal Code; or
• Failed or refused, without a reasonable excuse, to comply with a demand made under section 320.27 of 320.28 of the Criminal Code.

Upon receiving an IRS, you have three options:                    

1. Pay the fine online by the given deadline and accept the associated penalties.
2. Request additional time to pay your fine online and accept the associated penalties.
3. Book an oral or written review to dispute the IRS.

All the above options can be completed by logging in to your SafeRoads portal.

Although this 7-day deadline is tight, SafeRoads is legislatively mandated to provide timely decisions. As stated in the Provincial Administrative Penalties Act, if you proceed with a review, SafeRoads is required to provide a decision regarding your appeal within 30 days from the day you received your IRS.

Prior to beginning your application for review, the Immediate Sanctions Review request Information Sheet is a helpful resource. The information includes what you can expect when you request a review and any considerations you should make prior to booking one.

If you still aren’t sure about whether applying for a review is right for you, our lawyers at Strategic Criminal Defence can be retained to examine of all the evidence uploaded onto your SafeRoads portal and provide you feedback as to your chances of success. We have lawyers of all levels who can provide this review at a cost that respects your financial situation. This service allows you to have the benefit of a lawyer who can provide honest, comprehensive feedback, without you taking the risk of booking a review unnecessarily.

What are the steps for disputing a penalty?

Once you have decided, you must complete the following steps to successfully book a review and dispute your penalty. If you choose to hire Strategic Criminal Defence to represent you at your review, we will apply and appear on your behalf:

1. Login to the SafeRoads online portal.

• Have your paperwork with you! Your Notice of Administrative penalty contains the necessary information needed to access your SafeRoads portal and book a review.
• You will need to input your:
  • Contravention number (found at the top of the Notice of Administrative Penalty);
  • Last name;
  • Date of birth; and
  • Occurrence time.

2. Request the review.

• Once you have logged in to the portal, you will see a box that says, “Apply for a Review.”
• Select a date and time for your review. This must be scheduled within 21 days of your suspension.
• It is your responsibility to confirm a date and time that is conducive to your schedule.

3. Upload supporting documents.

• The deadline to upload all supporting documents is 2 clear days before your review is scheduled to be held. This means, if your review is scheduled for a Thursday, your documents must be submitted no later than 11:59 PM Monday.
• You may submit evidence such as witness statements or video and audio recordings as part of your submissions.

If you choose to retain legal counsel, SafeRoads requires that you complete and upload a Consent to Representation form. Once complete, you representative can address all the above steps on your behalf and appear for you at your review.

Reviews are conducted orally or in writing (they do not occur in-person). It is your decision as to which type of review you prefer, and this is selected when you request the review on your SafeRoads portal.

The adjudicator will render his or her decision based on all the arguments offered, the supporting documents submitted, and provisions of relevant legislation. This includes the Traffic Safety Act, SafeRoads Alberta Regulation and the Provincial Administrative Penalties Act.

Once the decision is available, you or your lawyer will be notified via your preferred contact method (email or phone). A copy of the decision is available for download and review on the SafeRoads portal.

What are the Fees and Penalties Associated with an IRS?

The fee to apply for a review of an IRS is $150 and is non-refundable. This is in addition to any costs you incur for legal representation (lawyers), translators, or interpreters.

There are also fees and penalties attached to the IRS itself. As an example, the penalties for an IRS: Fail have been provided below, however, penalties for all 5 types of IRS can be found here.

The penalties for an IRS: Fail include:

First occurrence

• $1,000 fine;
• $200 victim fine surcharge;
• 90-day license suspension (during which you cannot drive at all);
• An additional 12-month license suspension (during which you cannot drive unless you participate in the Alberta Ignition Interlock Program);
• 30 day vehicle seizure (you will be responsible for paying any impound and towing fees);
• Mandatory participation in the 1-day Planning Ahead program; and
• An entry on your driving record for impaired driving (which may impact your insurance rates).

Second occurrence

• $2,000 fine;
• $400 victim fine surcharge;
• 90-day license suspension (during which you cannot drive at all);
• An additional 36-month license suspension (during which you cannot drive unless you participate in the Alberta Ignition Interlock Program);
• 30-day vehicle seizure (you will be responsible for paying any impound and towing fees);
• Mandatory participation in the 2-day IMPACT course;
• An entry on your driving record for impaired driving (which may impact your insurance rates); and
• You may also receive a charge under section 320.14 of the Criminal Code (which can result in a criminal record). This charge is at the discretion of the peace officer who issues the penalty.

Third and subsequent occurrence

• $2,000 fine;
• $400 victim fine surcharge;
• 90-day license suspension (during which you cannot drive at all);
• A lifetime license suspension (during which you cannot drive unless you participate in the Alberta Ignition Interlock Program);
• 30-day vehicle seizure (you will be responsible for paying any impound and towing fees); and
• An entry on your driving record for impaired driving (which may impact your insurance rates);

For more information about fees and penalties related to an IRS, visit our general IRS page.

If you complete your review and are successful, all the above-mentioned penalties will be cancelled. Your license will be reinstated immediately, the fine cancelled and you will be able to pick up your seized vehicle. Furthermore, there will be no entry on your driving record. In addition, you can apply to the police detachment that issued the IRS to be compensated for the seizure and towing costs.

Disputing these penalties requires a proactive lawyer with significant expertise. Our lawyers at Strategic Criminal Defence are well-versed in the new legislation and have been successful in defending numerous clients with their IRS reviews. We are committed to working diligently to help you avoid the cumbersome fines and penalties associated with receiving an IRS.

Contact us to request a free consultation and understand how you can appeal your IRS.

How Can I Beat my IRS?

If you receive an IRS, you bear the burden to prove the grounds of cancellation. However, that doesn’t mean you have to do it alone. Our lawyers at Strategic Criminal Defence are experienced in IRS reviews and can help you navigate the process and provide you with the knowledge you need to be successful.

The most successful grounds for the appeal of an IRS involve showing the SafeRoads adjudicator handling your review that the peace officer who gave you the IRS did not follow the necessary rules and procedures outlined in legislation.

Below are a few of the procedural missteps peace officers may make which have been successfully argued by our lawyers during a SafeRoads review:

• The officer did not verify that you were driving or that you were in “care and control of the vehicle”;
• The officer did not conduct the breath test properly;
• The officer did not administer the breath test within the time frame(s) required by legislation;
• The officer failed to inform you, in writing, of your right to a roadside appeal (the roadside appeal consists of completing an optional second test to confirm your blood drug/alcohol concentration);
• The officer failed to immediately provide you with an opportunity to have a second test conducted; and
• The officer did not conduct the roadside appeal properly.

For more detailed information about possible arguments you can make to appeal your IRS, visit our How to Beat An Alberta IRS page.

How do I Pay my IRS Penalty?

The fine associated with a SafeRoads penalty can be found on your Notice of Administrative Penalty paperwork, as well as on the main page of your SafeRoads Alberta portal. The portal will also tell you the deadline for making the full payment. The fine shown on the portal will include the fine attached to the IRS, in addition to a victim fine surcharge.

You can pay your SafeRoads penalty in full or in partial payments through the SafeRoads portal, or request time to pay.

How do I Pay my IRS Penalty?

The fine associated with a SafeRoads penalty can be found on your Notice of Administrative Penalty paperwork, as well as on the main page of your SafeRoads Alberta portal. The portal will also tell you the deadline for making the full payment. The fine shown on the portal will include the fine attached to the IRS, in addition to a victim fine surcharge.

You can pay your SafeRoads penalty in full or in partial payments through the SafeRoads portal, or request time to pay.

Understanding Your Vehicle Seizure Notice

As part of your Notice of Administrative Penalty, it is likely you received a Seizure Notice. This notice informs you that your vehicle has been impounded in a tow lot for a set period.

A Seizure Notice can be disputed through the SafeRoads portal, however only in specific instances. First, consider whether you were the driver of the vehicle when it was seized, or an affected person. An example of an affected person is where you were driving your friend’s car and you are not the registered owner.

While the process is generally similar regardless of whether you were driving or not, there are some slight differences. If you were the one operating the vehicle at the time it was seized, you will request a review under the Suspended Driver Vehicle Seizure Program. As the driver of the seized vehicle, you will be responsible for paying $150 for an application for review with SafeRoads. Alternatively, if you are an affected person, the cost of your application will be $50.

Whether or not you were the driver, you will be responsible for any impound lot fees or legal representation expenses that you incur.

The deadline to apply for a vehicle seizure review is the end of the day (11:59 pm) the day before your vehicle is set to be released from the impound lot. You have discretion over the date of your review, which you can choose on the SafeRoads portal.

Vehicle seizure reviews do not occur online or in person. The process consists of uploading written submissions to the SafeRoads portal. As with an IRS review, you are responsible for uploading any supporting documents by end of the day, the day before your review is scheduled.

If you choose to retain legal counsel upon receiving a Seizure Notice, SafeRoads requires that you fill out a Consent to Representation form which must be uploaded to your SafeRoads portal.

The outcome of your appeal request will be made available in the SafeRoads portal, and you will be notified of this update either through e-mail or by phone.

If you successfully appeal your Seizure Notice, the impound lot where your vehicle is impounded will be notified to discharge your vehicle immediately. If you are unsuccessful, the vehicle must remain in the impound lot for the time specified on your Notice of Administrative Penalty.

If your vehicle has been seized or you require more detailed information about your Seizure Notice, contact us immediately. We can help!