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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 14)

Vancouver police officer smashes driver’s window

VPD smash the window of a citizen

A YouTube video of a Vancouver police sergeant, who smashed a motorist's window, has raised questions about the rights drivers have when they are pulled over by police. The testy exchange caught on video shows the unidentified driver opening his window just a crack and infuriating the police officer by not stepping out of the vehicle when he was told to do so. No justification for police behaviour: Legal expert A B.C. criminal lawyer who specializes in impaired driving says the police violated the driver's rights by failing, at least in the video, to tell the driver why he was pulled over. "You can't...

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Proposed legislation will strip presumption of innocence

Presumption of Innocence

KAMLOOPS – New legislation proposed by the B.C. Liberals this week throws out the presumption of innocence and instead presumes people accused of impaired driving are guilty until they prove otherwise, says a Vancouver defence lawyer specializing in impaired driving. Lawyer Kyla Lee says the proposed legislation must be challenged. "In every case now people are basically going to have to provide persuasive evidence about their drinking pattern and about what their blood alcohol level would be. It’s an incredible burden to put on people," Lee says adding she and co-workers plan to challenge the law’s constitutionality if it passes. If a person...

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Victoria proceeds on tougher drunk driving penalties, undaunted by potential challenges

Judicial Challenge coming

VICTORIA — B.C.’s justice minister admits the government’s contentious drunk driving penalties may again be challenged as unconstitutional after proposed changes this week. New legislation will make it mandatory for repeat offenders to be referred to remedial programs, including the ignition interlock system that requires a person to blow into a breathalyzer before a vehicle starts. “Yes, it may very well be challenged,” Justice Minister Suzanne Anton said Tuesday of the changes. Vancouver lawyer Paul Doroshenko, who has spearheaded past legal challenges to the law, said he thinks government is trying to eliminate the review process for immediate roadside prohibitions. “This changes the landscape...

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Gigantic IRP news

Gigantic IRP news

The BC Government has introduced new legislation to fundamentally alter the IRP scheme. The law will eliminate remedies for old Immediate Roadside Prohibitions. The law will make the Superintendent a party in adjudication. The legislation will limit the arguments that can be made and the submissions that can be made on behalf of applicants. In our opinion upon preliminary review of the legislation, if enacted this law will once again put the IRP scheme in violation of the Charter of Rights. We intend to challenge it on behalf of all British Columbians. We will provide more extensive updates concerning this gigantic IRP news as...

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Can you avoid a DUI roadblock?

Avoid a DUI Roadblock

An interesting issue -- we see it reported on U.S. news websites fairly regularly; that is drivers turning off the road to avoid a DUI roadblock. It may not apply across the United States, but in some jurisdictions the police are required to publicize the times and approximate locations of DUI roadblocks. Moreover, it appears that at least in some jurisdictions drivers are entitled to take a lawful exit or turn to avoid a DUI roadblock up ahead.[pullquote]A departure from the road to avoid a DUI roadblock is completely permissible, so long as you are abiding by the rules of...

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