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

Expect an IRP storm

media IRP storm

The BC Court of Appeal decision on the first version of the IRP scheme is going to come any day. At least, that's the consensus among the very few lawyers with expertise in this area of the law. The media will be all over the story when it comes out and so we expect an IRP storm to follow. On Wednesday we finally got the court time to argue the applicability of the Wilson ruling to 90-day IRPs. We've been trying for months to get this argument heard. As you probably know if you're a regular reader of our blog, the...

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What are we waiting for?

Waiting?

At this moment in time we are counsel on perhaps hundreds of petitions or appeals of IRP decisions in BC Supreme Court. We've actually lost count of the number of IRP decisions we've appealed, but the files fill a few filing cabinets. At the same time we're working with other law firms on the proposed class-action suit, an application for leave to appeal to the Supreme Court of Canada and law suits in specific cases where we can demonstrate without a doubt that the police acted far outside of their lawful authority in connection to an Immediate Roadside Prohibition. We...

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How much can you drink and drive?

Can you drink and drive?

Recently we've taken note of some articles and musings on the internet suggesting that there is no "safe" amount of alcohol in your body if you are driving. That's complete rubbish. It is not an offence in Canadian law, nor is it unsafe to have a small amount of alcohol in your body while driving a car. What is a "safe" amount of alcohol is different from person to person. A lawful blood-alcohol concentration in British Columbia is 49 mg of alcohol in 100 ml of blood or less. A "safe" blood-alcohol concentration is an issue of whether you are impaired...

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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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