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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 30)

There’s been a change of policy

There's been a change in policy at the OSMV when it comes to the RDP and IIP

If you received a 90-day IRP or ADP in the last 8 months, you might have thought that you were very lucky for having avoided being forced through the so-called remedial programs. After all, months went by and you probably didn't receive a letter from the Office of the Superintendent telling you that you had to pay for the Responsible Drivers Program (RDP) course or get an Interlock (IIP) installed in your car. Unfortunately, there's been a change of policy. And if you're reading this, you probably know a little of what we're talking about. A really short history of the...

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What does this Superintendent’s Report kerfuffle mean to me?

The Superintendent's Report on ASD was ruled inadmissible so you should appeal your review decision

Last week we received a decision in BC Supreme Court in one of our IRP appeals in which the court ruled that the Superintendent’s Report on Approved Screening Devices is inadmissible in IRP review hearings. Since then, former clients and readers of our blog have been emailing to ask what it all means. This is the question of the week, so here we are to answer. The Superintendent’s Report is a document sent to people who applied to have a review of their Immediate Roadside Prohibition (IRP). It was produced by the Office of the Superintendent of Motor Vehicles. The...

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Critics of drunk-driving laws take aim at screening devices

OSMV lying to people

The provincial Justice Minister is standing by the province’s drunk-driving laws despite increasing criticisms of the program over the review process for roadside prohibitions, and concerns about unreliable screening devices. This week, the B.C. Supreme Court quashed a ban that had been upheld after review, because the government had relied on a report that should have been inadmissible in the review process. The ruling could lead to many more bans being overturned, depending how often the inadmissible report had been used. But the program continues to prompt questions. Drivers hit with an Immediate Roadside Prohibition – which can include a driving prohibition...

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Appeal ruling on the breathalyzer report

Justice prevails and the OSMV can no longer use their breathalyzer report

When we put the news out on Monday concerning the appeal ruling on the breathalyzer report used by the Superintendent of Motor Vehicles, we didn't expect to cause such a stir. A few minutes after we put up our News Release and tweeted it, the hits started flooding our blog. A few hours later our server was cooked and we blew our bandwidth budget for the year. We couldn't even receive emails. Of course, Kyla is particularly pleased with the decision because it was her case and she argued it in BC Supreme Court. We're a small law office up against...

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Ruling could lead to quashing of hundreds of drunk-driving bans, lawyer says

ASD with persistent temperature problems

Critics of British Columbia’s immediate bans for impaired driving have a new arrow in their quiver in defending drunk-driving bans, after the B.C. Supreme Court ruled on Monday that a government report on the roadside screening devices should have been inadmissible during the review process. The report was used by a government adjudicator to reject an appeal by Angela Buhr that her roadside ban – which included an immediate driving prohibition and her car being impounded on the spot – should have been thrown out because of a problem with the screening device, a portable breathalyzer that critics have argued is...

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B.C. drivers have one-in five chance of getting roadside ban overturned

Superintendent's Report on Approved Screening Devices

VANCOUVER — British Columbia has one of the country’s toughest drunk driving laws, but if drivers choose to challenge a roadside ban and the penalties and fines that come with it, they have at least a one-in-five chance of getting of getting roadside ban overturned. The Office of the Superintendent of Motor Vehicles says in the year since the amendments, about 22 per cent of the 2,708 drivers who challenged an immediate roadside prohibition got it overturned. A total of 18,888 driving bans were issued in that time period. While some defence lawyers applaud the successes, they say the appeal process remains...

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