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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 18)

Supreme Court to review BC’s drinking and driving laws

IRP lawyer goes to Ottawa

VANCOUVER (NEWS1130) – There’s been a significant development regarding BC’s tough drinking and driving laws. They will be scrutinized by Canada’s highest court as several people have filed a challenge. Lawyer Kyla Lee says whatever happens, things will likely change, adding the Supreme Court of Canada will essentially decide whether the laws are constitutional and will lay out just how far the government can go to use the results of a roadside breathalyzer to punish a driver. “We’re talking about probably 75,000 people who have been caught under these laws, so it’s a huge sector of the population in BC that’s going...

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New breathalyzers coming to New Westminster, but familiar problems persist

FST coming to New Westminster Police

The New Westminster Police are rolling out a new breathalyzer that’s new to British Columbia. It’s called the Alco Sensor FST, and New Westminster is the first police force in B.C. to purchase them. Criminal lawyer Paul Doroshenko says the current breathalyzers being used are a “25 year old technology.” Still, the new technology isn’t perfect either. “It’s got a lot of the same problems as the old one,” says Doroshenko. “It can’t distinguish whether it’s alcohol from your mouth or your lungs, if you’ve been smoking and you blow into it, it will damage the device, and if you burp, you will still...

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Decisions have been made

Decisions have been made about the IRP law appeals

As though we had a crystal ball, we managed to predict or foreshadow a little bit into the future with our last blog post. As it turns out, decisions have been made with respect to two of the most significant Immediate Roadside Prohibition cases that have been appealed to the Supreme Court of Canada. We see on the Supreme Court of Canada's website that they have indicated that the leave application decisions in Wilson and Sivia I (now usually called Goodwin which we hope is, in fact, good luck) will be released on Thursday, November 27, 2014. At this point, all...

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Really big projects we’re working on

Big Projects we're working on regarding the IRP scheme

We're a really busy law office and we like it that way because we get a lot done and we learn that much more along the way. In addition to our day-to-day work for our clients, we've also been involved in some really big projects primarily concerning challenges to aspects of the Immediate Roadside Prohibition scheme. The big projects tend to take a lot of our time, including the free time that we might otherwise have. These are the projects which bring us back to the office many nights and most weekends. The Wilson case If you've been with us for a...

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Successful Immediate Roadside Prohibition appeals

Successful IRP appeals

Last week was a very successful week. In addition to succeeding in a number of IRP review hearings, we succeeded in two 90-day Immediate Roadside Prohibitions appeals in BC supreme Court. These were Judicial Review appeals where our clients did not succeed in their original hearing before the RoadSafetyBC tribunal, and appealed their cases to BC Supreme Court on the basis that the adjudicator’s decision was unreasonable. These cases are important, as they help to clarify some of the procedure and law about Immediate Roadside Prohibitions. "When was your last drink?" The first case, McConachie v. British Columbia (Superintendent of Motor Vehicles) 2014...

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Financial considerations

Financial Considerations of an IRP

Money is always an issue. If you are issued an IRP, you need to sit down and do some calculations right away to figure out what it's going to cost you. 90 days without your driver's license might cost you your job. If it won't, you still need to calculate what it will cost to get around for that period. Of course there are the fines, fees, towing, storage etc. Everyone is sent to take the Responsible Drivers Program, although you may be exempted on reconsideration. If you end up with both the RDP and Interlock, you're now approaching $5000 without...

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