Immediate Roadside Suspensions in NB Were Unfair to Drivers: Court Rules

At Atlantic Defence Law, we’ve been fighting the Immediate Roadside Suspension (IRS) regime since the day it was introduced in New Brunswick. From the beginning, we warned that the process lacked the legal safeguards people are entitled to under the law.

Now, the Court of King's Bench has confirmed what we have seen in every case we’ve represented: the framework was not properly implemented.

On September 22, 2025, in Tower v. Registrar of Motor Vehicles and Attorney General of New Brunswick (2025 NBKB 216), Justice Dysart ruled that IRS decisions were being issued without proper reasons and without the statutory requirements being met. This isn’t just about one driver, this decision has province-wide implications.

What the Court Found

• Decisions were being given with no legal reasoning, often just boilerplate language.

• Officer reports and Registrar orders were often unsworn, despite the law requiring sworn documents.

• Many drivers were left without meaningful disclosure or explanation for why they lost their licence.

  
  

In simple terms: the government was suspending licences without following the safeguards built into the law.

Why This Matters for You

If you were suspended under the IRS regime, you may have options:

1. 15-Day Deadline– If you’ve just been served an Immediate Roadside Suspension, you have 15 days to apply for a review.

2. 90-Day Deadline– If you’ve already received a decision from the Registrar, you have 90 days to appeal that decision to the Court of King’s Bench.

3. Unreasoned Decisions– We have reason to believe that every IRS decision issued since January 2025 was unreasoned. That alone is enough to trigger a valid application for review.
   

This means hundreds of drivers may have been suspended without fair process, and could be entitled to have their licences reinstated and fines reimbursed.

Our Fight for Fairness

Our team has handled dozens of these cases, and many have already been filed with the Court. The Tower case was treated as a “test” case, and the Court’s decision is expected to impact all of the current applications.

In every matter, we saw the same pattern: unsworn reports, boilerplate decisions, and no transparency. We said it wasn’t right. We fought back. And now the Court has agreed.

This impact is not just for one driver; it’s for all who have been subjects of the immediate roadside suspension, an unfair process.

What’s Next?

The province may still try to appeal, but for now, the decision is clear: the IRS regime has not been applied lawfully.

If you or someone you know has been suspended under the Immediate Roadside Suspension regime, reach out to us right away. Time limits are strict, and your rights depend on acting quickly.