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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 28)

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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IRP defences that don’t work

Defences that don't work

Speaking at a conference a few weeks ago we laid out 27 of the IRP defences that don't work which should work if the system were fair. Of course, when it comes to Immediate Roadside Prohibitions, fairness has nothing to do with it. Many people are guilty, a significant number are innocent and the review procedure is faulty such that the innocent can't be identified (see: Spencer). And of course, you're punished long before you get a chance to make your case in the hearing, which, as we have said before, is a faulty review process (see: Spencer). Our editorial...

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Drivers face double standard with drug-related suspensions

Kyla Lee DUI Lawyer

B.C.'s Superintendent of Motor Vehicles is looking to change the province's laws so drivers allegedly impaired by drugs can appeal 24-hour roadside suspensions. Both alcohol and drug-related 24-hour suspensions are issued under different parts of Section 215 of the Motor Vehicle Act. While drivers allegedly impaired by alcohol have the right to a review, drivers suspended for drug use either have to convince the ticketing officer to reconsider or file a petition in B.C. Supreme Court for a judicial review. Vancouver lawyer Kyla Lee, who specializes in drinking-driving related cases, says the lack of a formal review process places an undue burden on...

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