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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 13)

IRP Appeals in BC Supreme Court

IRP Appeals to BC Supreme Court

Right now we have a number of IRP appeals in BC Supreme Court to deal with ongoing problems with the Immediate Roadside Prohibition law. When the Sivia decision came out almost 4 years ago we concluded that the best we could do was to chip away at the IRP sections of the Motor Vehicle Act to reveal the unfairness in the scheme.[pullquote] Nobody should be subject to a determination of their sobriety and face punishment based on a device that has a probable manufacturing flaw.[/pullquote] We recognized the unfairness when the law was introduced. Our concern has been that a mere review...

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Why we get the disclosure first from RoadSafetyBC

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WATCH: In this video I will explain why in Immediate Roadside Prohibition cases we get the disclosure first from RoadSafetyBC before advising our clients on how to deal with their Immediate Roadside Prohibition. In the last video I explained that the police officer was required to submit the disclosure to RoadSafetyBC. The disclosure is a package of documents that explains what happened in your case. It lands on a fax machine at RoadSafetyBC in Victoria. Then the intake agents at RoadSafetyBC link the disclosure to your file.[pullquote]Looking at the evidence before advising a client is simply the fair and prudent thing...

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July 2015 statistics and a breathalyzer update

July 2015 Sttistics: What do they mean?

We're all for tooting our own horn. There's pride in a job well done and we appreciate recognition for good work. Ever since we started collecting the statistics, our law office has succeeded in the most 90-day Immediate Roadside Prohibitions each month. It's a badge of honour and it's something we work hard to maintain.[pullquote]The July statistics blew our minds. Like the photo for this post, we're not really sure what it all means.[/pullquote] The IRP brainpower in our office is unparalleled if you judge by the Government records. Moreover, there is a real advantage our lawyers enjoy by virtue of the...

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RoadSafetyBC disclosure

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WATCH: Today I want to tell you about the RoadSafetyBC disclosure in an Immediate Roadside Prohibition case. When a police officer issues you a roadside prohibition, the officer is required in law to prepare a report about the case and send this disclosure to RoadSafetyBC in Victoria. In most cases they will send the disclosure on the same shift. So if they issued you an IRP at midnight, before they go home they will return to their detachment, prepare the documents and send it to RoadSafetyBC, usually by fax.[pullquote]A document that isn't attached in a manner that abides by the strict letter...

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Compassionate grounds at IRP hearings

Compassionate Grounds At IRP hearings
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WATCH: I want to talk to you about compassionate grounds arguments at IRP hearings. Of course people think that there's always the sympathy angle. Well no. There isn't. Many people who are stopped for drinking and driving feel that the driving prohibition should be revoked because the punishment is too harsh for them personally. Other feel that the important thing is that they learned their lesson and on that basis they should get their drivers licence back. Still others believe that there should be some compassionate grounds because they need to drive for work or some other really important reason.[pullquote]The compassionate grounds...

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BC Government – RCMP Scheme Revealed in Immediate Roadside Prohibition Law

Defective Breathalyzer news report

Lawyers from Acumen Law Corporation have recently published their findings after years of research and fighting battles against the Immediate Roadside Prohibition (IRP) within the legal system. The company’s lawyers claim that the BC Government, the Superintendent of Motor Vehicles and the RCMP were all well aware of a problem with specific roadside breathalyzers which were being used to charge thousands of citizens under the IRP law since 2010. Kyla Lee, a lawyer for Acumen, recently published a blog post on the company’s website where she revealed details and the background of the battle that Acumen lawyers have been fighting. HautNews...

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How to find out if you blew into a defective breathalyzer

Defective breathalyzer

On August 10, 2015, we published the evidence about the defective breathalyzers used to issue Immediate Roadside Prohibitions over a 4.5 year period in British Columbia. Last week we explained some of what we did about the defective breathalyzers. This has been a massive project in our office. Although we would have liked to tell everyone about what we were doing many months ago, we didn't want to call further attention to the issue because it might have compromised the defence for some of our clients. We alluded to it. Some careful readers of our blog figured out much of what...

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You blew two Fails. Was that a mistake?

Should you worry because you blew fail twice?
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WATCH: I’m gonna tell you about whether you should worry because you blew twice into a roadside breathalyzer. Most people who have been issued an Immediate Roadside Prohibition blew twice into the breathalyzer. And in most cases, they blew two Fails. And many people assume because they blew two Fails, they must be done for. This is simply not the case.[pullquote]Sometimes if you blow twice that may be the thing that actually helps your case when it comes time for a hearing.[/pullquote] Should you worry because you blew two Fails? The irony is that blowing two Fails as opposed to blowing one will occasionally...

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What we did about the defective breathalyzers

What we did about defective breathalyzers

A week ago Kyla explained the big secret about defective breathalyzers. It generated a lot of discussion. Kyla was contacted by a investigative news outlet that would like to report on it, but she suffered an injury mid week, spent a little time in the hospital and is now recovering. You can review the evidence here: Doroshenko Affidavit 1 Part A Doroshenko Affidavit 1 Part B Doroshenko Affidavit 1 Part C Doroshenko Affidavit 2 & 3 Doroshenko Affidavit 4 Doroshenko Affidavit 5 Part A Doroshenko Affidavit 5 Part B The discussion continued on our Acumen Law Facebook page. One person questioned what we did about the defective breathalyzers, suggesting...

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Seven days from a drunk driving stop

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WATCH: I'm going to tell you about the first limitation period when you are issued an IRP. If you get an immediate driving prohibition for drinking and driving, it can be very traumatic. If you just got one, we want you to take a deep breath. Our job is to provide legal help to challenge driving prohibitions. There's a good chance we can help you out.[pullquote]Whenever possible one of our IRP lawyers conducts a review of the evidence right away. Then we can design a strategy that has the best chance of success at the hearing.[/pullquote] Today I want to tell you...

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