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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 20)

Cross your fingers for some IRP news

We are always thinking positive

You never know what the future holds. Of course, we try to maintain a positive outlook which is not always easy as an IRP lawyer. But we've got our fingers crossed for some IRP news. Over the years our attitude and outlook has improved because we made a lot of headway in our ongoing fight against the IRP laws. These days we're feeling pretty good. Sometimes we try to predict the future. As lawyers we do this all of the time. What surprises us is how often we have accurately predicted the future. Looking back at comments we've made here on our...

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Court quashes penalties imposed under invalid drunk-driving law

Drunk driving ruling

The B.C. Supreme Court has rapped the provincial government’s knuckles for penalizing allegedly impaired motorists under the original version of the anti-drunk driving scheme after it was struck down. Victoria had no authority after June 30, 2012 — the deadline to fix the flawed sections of the Motor Vehicle Act — to impose certain Immediate Roadside Prohibitions and penalties under the old law, Justice Peter Voith said. He quashed any bans, fines or remedial programs facing the drivers who blew a “fail” in the weeks before the Nov. 30, 2011 judgment that found some parts of the controversial impaired driving legislation unconstitutional. “I...

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The accused: drunk driving lawyer in BC

Drunk driving lawyer in bc

We stand accused. In fact, we're guilty. We were reminded the other day that the reason we have the IRP scheme is the drunk driving lawyer in BC. And we're not just talking about any one of us in particular or the lawyers in our office per se, but the particular subspecies and members of that group. We're talking about the class or type of lawyers who defend drunk driving charges. If it were not for the drunk driving lawyer in BC, we would not have Immediate Roadside Prohibitions. That is true. Allow us to explain. In British Columbia there are...

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IRP version 1 – important decision on adjourned IRP hearings

Version 1 IRP Important Decision

The BC Supreme Court rendered a decision today that we've been waiting for concerning old Immediate Roadside Prohibitions. This affects anyone who had an IRP under version 1, where the hearing took place after June 30, 2012. This will be good news for a number of people. The important decision on adjourned IRP hearings confirms what we argued in each of these cases: the Superintendent of Motor Vehicles (now RoadSafetyBC) had no jurisdiction to conduct hearings under IRP scheme version 1 after June 30, 2012. Some background: The first version of the Immediate Roadside Prohibition law was ruled unconstitutional with regards to...

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