Q&A - Can a Driver Deal with an IRP After the Fact?
A person that left a nightclub had one drink early in the evening and drank water rest of the night because they knew they were driving. This person spoke with many officers upon leaving, went for coffee and gas and saw another officer and spoke with him. He left, driving down the highway a little faster than he should have at approximately 2 am.
This person was pulled over for speeding, then asked if they had a drink and explained around 8 pm one beer and then water all night. Another officer that had spoken to the driver previously had pulled up to ask why he was pulled over and said he was a good polite kid. The officer in question said that it was his discretion.
The driver blew a warning, and here's where I didn't understand, the officer suspended his license for 3 days.
The vehicle was stopped in the middle of the highway before the lights. The officer said "if you can find someone to come get you and your vehicle I won't impound it. The officer then proceeded to make this person drive over to a parking lot and wait until I arrived to get the vehicle.
I was still confused when the situation was explained to me. The officer said that it's a learning lesson, and it won't cost him much. That was not true as it's a great expense to get your license back. It also cost more because this person worked out of town and needed to get a motel.
I was confused to as how if this officer felt this person was impaired how could they let them drive anywhere, let alone continue to sit behind the wheel until I arrived? It was 2 am and this officer basically was stating he was being nice, even though he was extremely upset that it took me so long to arrive.
Last month I was sitting next to an RCMP officer and this scenario had come up. I was told this person who was pulled over should have disputed this due to the fact that the officer implied that the person was impaired by taking away the license for 3 days, however still made the person move the vehicle over and allowed the person to continue to sit behind the steering wheel with the keys still in their possession.
Today this suspension is affecting the opportunities for a new career, for everyone wants a clean driving record and a suspension is a big flag and it's on the driving abstract. Even though the officer was clear he wasn't charging this person.
Is there any recourse now?