Calgary Criminal Lawyer David Chow

Alberta Roadside Sanctions Lawyer

(403) 452-8018

ALBERTA ROADSIDE SANCTIONS

“Disputing a Notice of Administrative Penalty can be challenging.  If you are looking to hire a roadside sanctions lawyer, call me for a free consultation. Even if you don't hire me, I might be able to help”.

7 DAYS TO FILE A NAP DISPUTE

Have you received a Notice of Administrative Penalty (NAP)?  If you have, there is a very high likelihood that you are now subject to immediate roadside sanctions (IRS) pursuant to the Provincial Administrative Penalties Act and its concomitant regulations.

Did you know that pursuant to s. 7(1) of the Act you only have 7 DAYS to dispute the NAP?  If you miss this deadline and wish to fight the sanctions, the reality is that you may be out of luck. After 7 days, SafeRoads Alberta will only grant a “late review” of immediate roadside sanctions if there are “exceptional circumstances” that resulted in late filing.

THE SAFE ROADS PORTAL

“To file your dispute, you will need the paperwork served on you by the police”.

Filing a NAP dispute requires you to access the SafeRoads Portal. To do so, you will need the Notice of Administrative Penalty/Immediate Roadside Sanction document for the purpose of inputting the required information. Specifically, you will need to input:

  1. Your last name.
  2. Your date of birth.
  3. The Contravention Number.
  4. The Occurrence time.

The “contravention number” is the 10 digit number on the upper right-side of the NAP beginning with “A” and ending with “O”.  The “occurrence time” can be found near the top of your document, left of centre. If you input the wrong information or SafeRoads has committed a data entry error, the contravention will not be found and you will not be permitted access to the SafeRoads Portal.

Data Entry errors by law enforcement or SafeRoads administrators are not uncommon. Since you only have 7 days to file your NAP dispute, I encourage you to start early just in case you run into filing difficulties.

GROUNDS TO DISPUTE roadside sanctions

“Though it is difficult, there may be a legal path to having your Notice of Administrative Penalty cancelled”.

Successfully disputing a NAP is difficult to say the least. The evidentiary framework is heavily weighted in favour of the Government. There are, however, a variety of issues that may result in a notice of administrative penalty (NAP) being cancelled (or successfully defended). 

If you are looking to hire a lawyer to fight your immediate roadside sanctions, call David Chow for a free telephone consultation. He is a Calgary based criminal lawyer who handles roadside sanctions cases throughout the province.

Calgary Roadside Sanctions Lawyer | Defending Impaired Driving | The DUI Charge | IRS | Impaired by Drug | Criminal Driving Offences

 

Practice Areas

Recent Case Results

SafeRoads v. B.B.

SafeRoads v. B.B.

(Alberta SafeRoads - Notice of Administrative Penalty/Roadside Sanctions).  An impaired driving complaint was lodged against BBB by an Informant with questionable motivation. Despite that dubious motive, police were required to investigate and properly did so. BBB was subject to a traffic stop, where the investigating officer made a Mandatory Alcohol Screening Demand (MAS demand). ...
SafeRoads v. K.P.

SafeRoads v. K.P.

(SafeRoads/Notice of Administrative Penalty). In a case called SafeRoads v. Smits, 2023 ABKB 435 a superior court justice held that it unfair for the Director of SafeRoads to withhold police video.  At para. 83 of Smits the Court stated: ". . . ...
R. v. B.C.B.

R. v. B.C.B.

(Strathmore P. C. - Impaired Operation/Over 80).  Impaired operation of conveyance includes more than operating motor vehicle's on public roads; it can also include impaired operation of watercraft. The word "conveyance" includes cars, trucks, motorcycles, speed boats, motorized watercraft and potentially other vehicles that use a motor. This case involved a Jet Ski. ...
R. v. K.K.S.

R. v. K.K.S.

(Grande Prairie, P. C. - Impaired Driving). KKS was charged with impaired driving out of Grande Prairie. This accused was also served a "Notice of Administrative Penalty"/Roadside Sanction. ...
SafeRoads v. C.B.

SafeRoads v. C.B.

(Alberta SafeRoads - Immediate Roadside Sanctions/IRS).  As of December 2020 Alberta police seldom charge the criminal offence of impaired driving (and related offences); preferring rather to sanction motorists using an Administrative model. ...
SafeRoads v. F.T.

SafeRoads v. F.T.

(SafeRoads Alberta - N. A. P. ). In 2020 the Alberta Government enacted the Provincial Administrative Penalties Act. The primary objective of this legislation was to bring into law an administrative model for penalizing drinking and driving. ...
SafeRoads v. C.W.F.

SafeRoads v. C.W.F.

(Alberta Director of SafeRoads - Notice of Administrative Penalty).  Police are empowered across Canada to make a Mandatory Alcohol Screening Demand (MAS) whenever a motorist is subject to a traffic stop as long as the officer has an approved screening device (ASD) in his or her possession. ...
R. v. J.A.S.

R. v. J.A.S.

(Cochrane, P. C. - Impaired driving/Over 80). In 2020 the Alberta Government enacted legislation confirming discretion on police to handle any case where there have reasonable grounds to believe an impaired driving offence has occurred by way of (1) a roadside sanction or (2) a Notice of Administrative Penalty/roadside sanction and a criminal charge. ...
R. v. J.O.O

R. v. J.O.O

(NAP, Alberta Roadside Sanctions).  The Adjudicator in J. O. O. 's case conducted a very thorough analysis of the police evidence, J. O. O. 's evidence and other witness evidence. ...