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

Lawyers who do a good job

We're lawyers who do a good job for our clients

This week a client told us that we restored his faith in humanity and lawyers. He was emotional when we phoned him to tell him that his 90-day IRP was revoked after we conducted the hearing. It's a significant event and so we understand that it can be very emotional, particularly getting such good news during these dark days of winter. We don't generally expect to have such an impact with our work. We simply try to be lawyers who do a good job. If we can restore someone's faith in humanity and lawyers, all the better. This was one of...

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Good DUI advice / Bad DUI advice

Good DUI advice vs Bad DUI advice

On average over 1200 Immediate Roadside Prohibitions are issued in BC each month, but only a handful of people dispute them. We think that this is absolutely terrible because so many people end up stuck with 90-day DUIs even though they could have won on appeal if they got some good DUI advice.[pullquote]One thing we can tell you is that the legal arguments at IRP hearings have become so sophisticated it would blow your mind.[/pullquote] A couple of things bring this to mind today. Over the weekend we spoke with a lawyer who practices in a completely different area of the...

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IRP legal test with no remedy

A real test or a fake test?

Imagine for a second that a government started with a blank sheet of paper and wanted to design a law to deal with the difficult problem of impaired driving. They could start by writing a law that goes something like this: 1.) Everyone who is impaired by alcohol in their ability to drive and drives a motor vehicle on a road or highway commits an offence of IWD - Impaired While Driving. That seems straightforward enough. It addresses the concerns, sets out the legal test and creates the offence. If you were writing the law, the next thing you might do is...

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The most interesting IRP development so far?

Climb Kilimanjaro or go to the Supreme Court of Canada on an IRP appeal?

The often painful narrative of the BC Immediate Roadside Prohibition scheme is well documented on our blog. Court challenges, sad tales of the wrongfully accused, incomprehensible positions taken by the Government and some of the steps we've taken in our challenges to the IRP law are all there for posterity and for the benefit of our clients. Much of what we do in our challenge to the IRP law we never mention. We're strategic. We need to be. But then sometimes it's all there for the public to see, as it is with the first IRP cases to receive a hearing...

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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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