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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 15)

Red Alert update

Red Alert update

Just before Christmas we issued a Red Alert. We try not to be alarmist, but every once in a while the Government does something that requires a significant response. In this case, we needed to alert the people who read our blog of the letter we received from RoadSafetyBC. This is what the letter said: December 12, 2014 Reference No. 506235 Dear Legal Counsel: I write to inform you of an impending change to RoadSafetyBC policy concerning the Immediate Roadside Prohibition (IRP) program. Effective January 12, 2015, RoadSafetyBC will no longer accept applications for extension of the 7-day window to apply for an IRP...

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Lawyers advising clients about DUI roadblocks

DUI roadblocks

In the last few years we've seen popularized videos of people from inside their cars recording their interactions with the police at DUI roadblocks. Most of the videos are from the United States where the constitutional rights are very different. As DUI lawyers we like watching them for entertainment, but we also understand the backlash when it comes to certain videos.[pullquote]The tricks that might get you through DUI roadblocks in Canada require that you actively attempt to unlawfully obstruct a police officer.[/pullquote] In one instance a lawyer tested a method to get though DUI roadblocks in Florida. He held up a...

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RoadSafetyBC issues and solutions

RoadSafetyBC Issues

Because we deal with so many Immediate Roadside Prohibition review hearings, we recognize patterns in the decisions. That’s not necessarily a bad thing. There is a requirement for adjudicators and administrative tribunals to be consistent in decision-making. The RoadSafetyBC tribunal should be no different.[pullquote]It has been the subject of so much discussion from our courts that it boggles the mind to see it continuing to occur.[/pullquote] However, when the patterns relate to improper ways in which evidence is assessed it can be frustrating. And, as we have said before, it’s often frustrating when tribunals do not follow the law. One of the...

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An IRP victory

An IRP victory

We have some good news to report about an IRP victory that never got much press. We learned yesterday that in one fiscal year the BC Government paid approximately $732,000 to some people who were wrongly sent to the Remedial Programs. This is our IRP victory. It happened because of our challenge to the former practice at RoadSafetyBC of requiring everyone who received an IRP automatically to be referred to the Responsible Driving Program and Interlock Program without the possibility reconsideration or any review of their driving record.[pullquote]We had to advise clients regarding the high-percentage chance of a quick-money settlement. [/pullquote] Mixed...

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Probe of Abbotsford police officers puts cases in jeopardy

Abbotsford Police have been riding dirty

B.C.’s police complaint commissioner has reviewed hundreds of Abbotsford police search warrants and found problems that could put at least 43 cases in jeopardy. Paul Doroshenko, a defence lawyer, said he has already written a letter to representatives of the Public Prosecution Service of Canada, asking for information on which cases may have been impacted. “Public confidence and our ability to defend our clients and people’s ability to deal with this comes down to us knowing who the police officers are. If we should be putting something on hold, we need to know,” he said in an interview. Read more: http://www.theglobeandmail.com/news/british-columbia/hundreds-of-warrants-reviewed-in-probe-of-abbotsford-police-officers/article23110691/...

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Accused Abbotsford police officers’ investigations could be re-opened

Paul Doroshenko seeks the truth

The massive investigation into corruption at the Abbotsford Police Department has cast a dark shadow on investigations done by the accused officers. Some lawyers, such as Paul Doroshenko, have already begun checking if any evidence that was used against his clients came from one of the search warrants that are now part of the investigation. "Right now I can tell you, not just myself, but other lawyers across the Lower Mainland that are dealing with cases from Abbotsford are probably looking very closely at the information police have reported in files they have outstanding, and probably cases that go back a few...

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G. Jack Harris and Justice

G. Jack Harris and Justice

Nearly a year ago, renowned Abbotsford criminal lawyer G. Jack Harris passed away. A number of things have had me thinking about G. Jack lately. Shortly after his death some of his clients came wandering into our office looking for someone to take over their case. Each had a binder or thick envelope in hand containing the particulars and a letter explaining that Mr. Harris had died, they would need to find a new lawyer and then there was a list of possible lawyers with me as the number 1 on the list.[pullquote]As lawyers we merely get to borrow the justice...

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