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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 27)

Magical IRP defences

Magical IRP defences

Just before Christmas, we had two people call us hoping to glean our magical IRP defences to deal with their 90-day Immediate Roadside Prohibitions. In one case, the individual had concocted an argument that was guaranteed to lose. She hired us to take over when she realized that she was in over her head. In the other case, the individual decided to deal with his IRP as DIY. As we've said before, an IRP isn't a DIY. In some respects, an IRP is a DUI, but that's another issue entirely. The client who hired us was lucky because she hadn't done any...

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Do the Mounties always get their man?

Mounties

Some old Hollywood films popularized the phrase that the Mounties always get their man. It's a useful fiction for the RCMP because it suggests that if you commit a crime they're gonna find you, so don't bother committing a crime. In other words, it serves as general deterrence - deterring people from committing crimes. But of course, the Mounties don't always get their man. And sometimes the Mounties are the victims of crime. We get thousands of pages of IRP disclosure every year from Freedom of Information requests that we make to police forces around British Columbia. After all, we need keep...

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Lost DUI knowledge of the ancients

Lost DUI knowledge

If we didn't have the ability to communicate with language, humans would probably be struggling along, like all of the other animals of this world, making grunting sounds and living in trees. Thank goodness for language. And then there's the ability to record our thoughts and ideas and pass this information to later generations in written form. There are significant consequences to this. One is that most of us come to terms with the fact that our profound insights aren't really profound because someone living on the edge of the Mediterranean thought the same thing 2500 years ago. Another is that,...

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Is an IRP a DUI?

Is an IRP a DUI?

A 90-day IRP for blowing Fail or refusing to blow is a nightmare. It's a catastrophic blemish on your driving record. It's an ongoing painful expression of arbitrary government oppression. But is an IRP a DUI? It's a question we're asked four or five times a week. And the answer is: sort of. And the answer also requires a bit of background on how we got to this state of the law in the first place. What is a DUI? Although the acronym DUI is part of the popular vernacular in Canada, it is not used in Canadian law. It is an...

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What about our rights?

What about our rights?

Good Canadians suffered, fought and died for our country and to protect us from living under governments that rule by force rather than accepting the rule of law. We admire their heroism and we are thankful for their sacrifice. And so we find it very offensive that our governments are simply derisive of our rights. In BC the Government has casually taken away our rights. What foreign armies were unable to do on the battlefield, a few zealots in the BC Government were able to take away with a few clicks of a mouse. This is a dark time in...

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Behind the scenes in IRP appeals

behind the scenes in IRP appeals

There's been a lot happening in the last few weeks, particularly behind the scenes in IRP appeals now before the court. Although we try to keep everyone updated here on our blog, our workload has jumped tremendously since the Wilson, Buhr and Murray decisions were released. Consequently, we've been working on client files and neglecting the blog. We'll try to rectify that while still doing great work for our clients. As for the behind the scenes in IRP appeals, as we reported some time ago the OSMV has simply ignored the Wilson decision. Somehow we're still shocked that people who work...

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Misinformation from ICBC

Misinformation from ICBC about your IRP

Many of our clients come to us with questions about information they have been told by agents at the ICBC Driver Services Centres regarding their Immediate Roadside Prohibitions. What we’ve noticed is a deeply disturbing pattern of incorrect, inaccurate, and misleading information provided to people who are interested in defending their IRPs. Unfortunately, misinformation from ICBC is very common. The purpose of this blog post is to correct that misinformation. Limitation Periods: One of the main complaints we receive from clients – often those who have missed the 7-day timeline to file for review of their IRP – is that they were...

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What is fair?

The Government isn't fair. They can be jerks.

Of course we have many concerns about the Immediate Roadside Prohibition law but to us it boils down to one overarching issue and that is that the IRP scheme is unfair. As lawyers we always strive for fairness. It's something that most people generally aspire to from childhood. If you ask young children what is fair, they usually have well-developed ideas about it. One of our particular concerns with the IRP scheme is that the process starts with a lie. The police officer who makes the demand for the ASD sample says that it's a demand pursuant to a Criminal Code...

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Grandpa’s punishment highlights gap in drunk-driving laws

Grandpa gets an IRP

The B.C. superintendent of motor vehicles says he was unable to correct the wrongful punishment of a pensioner for drunk driving, even though he was a passenger in a car driven by his stone-cold sober grandson. The man did not file an appeal under the provisions of the controversial legislation that came into effect in 2010. Drunk-driving laws: Vancouver lawyer Paul Doroshenko and other defence lawyers were flabbergasted by the high-handed behaviour. Police can demand “a driver” provide a breath sample on an approved screening device under the federal Criminal Code — but that law does not allow them to make such a demand...

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