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

IRP for Good Guys, DUI for Bad Guys

Good guys get IRPs. Bad Guys get DUIs

One of the cruel ironies of the Immediate Roadside Prohibition scheme is that good people who have no history with the police are treated worse than people who drive drunk with some regularity. When you get pulled over and blow Fail on an ASD in BC, the police issue an IRP for good guys and a DUI for bad guys. It's one of the most offensive parts of the IRP scheme that almost nobody talks about except police officers themselves. Many cops think the IRP scheme stinks for this very reason. Allow me to explain.[pullquote]In BC good guys don't get...

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The new burden of proof with IRP hearings

Burden of Proof in IRP hearings

When a case is handled in court there is always an obligation on one of the parties to prove something. For example, if you're alleging that another party is negligent, you need to go to court and present the evidence to persuade the court of your allegation. The burden of proof is on you.[pullquote]The onus under the new law is on the driver to prove, even without evidence from the other side, that they are in fact innocent.[/pullquote] In a criminal court, the burden of proof is on the Crown prosecutor to show that the accused committed the crime. If the...

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Section 215.41 – 215.51 and 251.1 of the BC Motor Vehicle Act with Bill 15 provisions included

Bill 15 changes the Motor Vehicle Act regarding IRPs

We expect that the proposed changes to the BC Motor Vehicle Act will be enacted into law within weeks. Most of the time proposed legislation is BC becomes law with little debate in our legislature. Usually the final version of the law is identical to the one introduced at first reading. Legislation that amends laws that are already on the books are almost always difficult to sort out. They remove a word or phrase, included new sections and refer to sections that are not yet in place. It's confusing to everyone, including lawyers. The members of the legislative assembly don't often...

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The lawyers can save us

Lawyers can save us (if Jesus won't)?

The function of the legislative process in British Columbia is very disappointing to us as citizens, taxpayers and British Columbians. We've noticed that the Government issues deceptive press releases, introduces a bill and then passes it within weeks with little or no discussion in our legislature. It turns out that it's all a fait accompli. The decisions are made behind closed doors. The quality of the debate in our provincial house is abysmal. The MLAs seem to have little understanding of the laws that they pass. It's not what we we're told we're getting living in a democracy.[pullquote]If you want...

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