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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 16)

Disputed traffic tickets on the rise in B.C.

Disputed Traffic Ticket

Under new system, lawyer says there will be no right of appeal As the B.C. government moves to shift traffic violations out of court, data from ICBC show the number of disputed tickets has been on the rise since 2008. Lawyers are questioning the planned shift, fearing the move will strip motorists of their constitutional rights. Under legal amendments enacted by the B.C. government, police will stop writing tickets and will electronically issue what are called “driving notices” with an online payment system. Disputing a notice involves a three-part process, according to Vancouver lawyer Kyla Lee. Initially, adjudication officers with the office of the superintendent...

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B.C. moves to eliminate court trials for traffic violations

BC Traffic tribunal under scrutiny

The B.C. government is shifting traffic violations out of court in a move lawyers fear strips motorists of constitutional rights. The Liberals are implementing amendments passed with no fanfare in 2012 to establish a new process for handling offences under the Motor Vehicle Act, similar to the paradigm shift made dealing with drunk drivers in 2010 when most impaired charges and trials were eliminated with a heavy-handed Immediate Roadside Prohibition (IRP) regime. The Ministry of Justice and Public Safety confirmed Tuesday that a two-stage rollout is planned to shift MVA violations from the criminal system. Work is underway on Phase 1, it said,...

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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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