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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 24)

SNAFU update for old IRPs

Old IRPs with a stay pending Sivia

Yesterday, Bluehost, the company that hosts our website had a catastrophic failure that took thousands of websites offline. Consequently for most of the day our site was down and we couldn't receive emails. We apologize to our readers and clients. SNAFU goes to Court At the beginning of the week we explained the SNAFU at the OSMV affecting some people with old IRPs. The lawyers who are running the Sivia appeal had a number of their old IRP cases added to the court list in BC Supreme Court yesterday afternoon to argue that the orders should still be in place and their...

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SNAFU at the OSMV affecting some people with old IRPs

SNAFU at the OSMV and the shit hits the fan

Last week there was a SNAFU at the OSMV that we're still trying to sort out. This affects some people with old IRPs. If the driver received an IRP before November 30, 2011, and then had a lawyer secure a court order putting the driving prohibition into abeyance until Sivia is resolved, the driver may be affected by the SNAFU at the OSMV. We're still piecing things together, but from what we can determine this is what happened: Old IRPs in abeyance: The first version of the IRP scheme was found unconstitutional on November 30, 2011. In the months leading up to that...

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Update for IRP blog followers

IRP Blog by BC's best IRP lawyers

Most of our blog is about IRPs, the Immediate Roadside Prohibition scheme and what's happening behind the scenes with the BC DUI laws. We really appreciate the devotion of our IRP blog followers. We thought that today we would give a few quick updates on some matters that we recently discussed on our blog. Responsible Driver's Program / Remedial Programs If you receive a letter from the Superintendent of Motor Vehicles saying you have 21 days to explain why you shouldn't be required to go through the Responsible Driver Program and face at least a year with an Interlock in your car,...

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Fantastic IRP success in March 2014

We won over 90% or all IRP hearing decisions in March

Mid March we started to get a little freaked out. You see, we were half way through the month and we won every IRP appeal that we'd done. Of course, this was unheard of. When the IRP scheme was introduced, and again when it was re-introduced, the success rate for IRP appeal hearings was 10% overall in the province. Our rate was always well above the average. And we do so many IRP appeals that we skew the stats. But in any event, it was dismal. Still, we kept at it, digging for more ASD information, collecting data, thinking about flaws...

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How tenable is the IRP scheme?

The IRP defences that are now available are starting to reveal that the IRP scheme itself is not tenable

Times have changed and a prediction that we made last year is quickly coming true. Many of our regular readers have asked, how tenable is the IRP scheme? We suggested that the IRP scheme might not fall away in dramatic fashion with a big court case. Instead, we suggested, by chipping it away we could make it crumble. It will collapse, we suggested, when the number of people succeeding on review of their IRP becomes so significant that it is then readily obvious that the scheme has failed. You'll recall that news stories in August 2013 spoke of 20% of people...

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When breathalyzers fail

When breathalyzers fail

No machine or device is infallible. Apple spends billions on the development of the their devices. Nevertheless, iPhones still screw up from time to time. If your iPhone freezes up while you're playing Plants vs. Zombies it's not the end of the world. But what happens when breathalyzers fail? The results are typically catastrophic. We know that breathalyzers fail -- we've got hundreds of pages of internal police documents showing catastrophic failures of Alco-Sensor IV DWF breathalyzers. And we've revealed some of the more disturbing problems to the media, such as the ASD in Abbotsford that apparently just gave Fail readings....

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The Government should follow the law

The government should follow the law and not ignore the law.

You don't need a lawyer to tell you that the Government should follow the law. It's common sense. Unfortunately it's not necessarily the practice of the tribunal at the Superintendent of Motor Vehicles office over in Victoria. They've taken a lot of flack recently in BC Supreme Court decisions, which we think was well deserved. We don't really see any change in the practices yet. In the Kenyon decision the Court was very critical of the tribunal because in the IRP review decisions they always claim that they are abiding by the Spencer case but the reasoning always indicates that they...

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It’s official: We can have the Responsible Driver Program requirement lifted

Would you rather you spend your money on the Responsible Driver Program or a day at the spa?

Back in August we announced a change of policy. We decided that we would accept clients who wanted us to write to the Superintendent of Motor Vehicles to demand a review of the RDP (Responsible Driver Program) and IIP (Interlock) requirement. We agreed to take on cases for reconsideration of a referral to remedial programs under the new procedure. You can find that post here: There's been a change of policy This policy change was ours. After forcing policy change after policy change on the Office of the Superintendent of Motor Vehicles, we decided that we won't back down after having accomplished...

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What you need to know about the Court of Appeal’s decision

News on the IRP decision at the Court of Appeal

Today the BC Court of Appeal released a decision in Sivia v. the Superintendent of Motor Vehicles. This was a challenge to the first version of the Immediate Roadside Prohibition law with respect to 90-day IRPs. Here's what you need to know about the Court of Appeal's decision: The Court of Appeal confirmed the BC Supreme Court ruling that the law violates s. 8 of the Charter of Rights. It further confirmed that this violation is such that the law could not be redeemed and therefore the first version of the IRP scheme is unconstitutional and invalid. The challenge to the law...

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BC Court of Appeal decision in Sivia

BC Court of Appeal in Sivia

The BC Court of Appeal decision in Sivia v. the Superintendent of Motor Vehicles has now been released. You'll find the appeal decision here. We're going over it and thinking about the implications right now. If you bet all your marbles on this case, expect disappointment. But don't despair because as we've pointed out time and again, other avenues are opening to challenge your IRP. We're sorry to say that this is what we expected. Although the first version of the IRP scheme was and remains constitutionally invalid, the appeal court has gone no further. Of course, there is still a good chance...

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