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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 31)

B.C. Supreme Court rules against government’s report on breathalyzers

Paul Doroshenko

In a ruling that could result in thousands of appeals of drunk driving suspensions, the B.C. Supreme Court has ruled that a government report on breathalyzers was not admissible in a particular case. Justice Richard Goepel’s ruled that the Superintendent’s Report on Approved Screening Devices was inadmissible in an Immediate Roadside Prohibitions review hearing. Paul Doroshenko, a Criminal Lawyer with Acumen Law, says the government’s report doesn’t comply with the Motor Vehicle Act. “These roadside breath testers have problems and were never intended to be used for this,” he says. “Anyone who conducted a hearing to review their prohibition and were unsuccessful...

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News Release – Superintendent’s Report on ASDs is inadmissible

News Release - the IRP ASD report is inadmissible

August 12, 2013 The BC Supreme Court released a decision in an IRP appeal hearing today, ruling that the Superintendent's Report on ASDs is inadmissible in IRP review hearings. The Motor Vehicle Act specifically delineates what constitutes admissible evidence in IRP review hearings. The Motor Vehicle Act does not permit the delegate of the Superintendent, who is the adjudicator in IRP review hearings, to rely on evidence submitted by the Superintendent of Motor Vehicles. In speaking of the admissibility of the Report, the Court held: [27] In s. 215.49, however, the legislature established a different evidentiary regime concerning the matters which the Superintendent...

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Notice to Refer to Remedial Programs

ICBC and the OSMV have a plan

If you just received a Notice to Refer to Remedial Programs from the OSMV branch of the BC Ministry of Justice, then read this carefully. NOTICE UPDATED FEBRUARY 2015: Since this blog post was originally published there have been significant changes to the procedure when you receive a Notice to Refer to Remedial Programs. Please visit Remedial Programs Reconsideration for an updated explanation of the steps necessary to challenge a Notice to Refer to Remedial Programs. The notice is telling you that you have 21 days from the date on the TOP LEFT of the letter to respond to explain why you should not...

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Class action update

Class action update

In the closing weeks of April we announced that we were starting an action along with  Erik Magraken, a smart civil lawyer in Victoria, that we hope can ultimately be made a class action for people who were wrongly sent to the IIP and RDP. We feel strongly that the people wrongly referred to these programs deserve compensation. We got the matter rolling in a matter of days and now it's before the court to sort out various matters that come about early in this sort of litigation. We're just getting started down a long road. Every few days we...

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I got a letter saying I need to enroll in the RDP program!

Remedial Programs

Every day right now we receive dozens of phone calls and emails saying: I got a letter saying I need to enroll in the RDP program. I've been driving for two months already since my IRP ended. My finances are in a bad state indeed and I simply can't do this RDP thingy, whatever the hell is it. What are they doing? I have a perfect driving record (aside from the IRP or ADP). Is this some cruel joke? We know. You may want to blame us for the fact that the letter is coming to you now. The fact is that...

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What’s happening with the interlock and RDP?

East German MIG at a cold war bunker

Many people want to know what's happening with the interlock and RDP now that the Government backed down from automatically forcing drivers through these programs. Of course, we love to keep all of our readers as up to date as possible. The problem is we would rather wait until we know the facts before we go and post some update. And sometimes it's harder to explain than you would imagine. But our devoted blog followers deserve to know, so here it is: What's happening with the interlock and RDP? As we recently explained, if you received an IRP for Fail before November...

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Police above the law

Police above the law is what happens when oversight declines

One of the themes of our blog, aside from IRPs, is “Cops Gone Wild.” We see all sorts of stupid and discreditable behaviour from police officers around BC. Often the behaviour is less Wild and more careless or stupid. And sometimes it's more disturbing than Wild. But we think that we are witnessing another side-effect of the IRP scheme - more and more we see police acting as though they are not bound by the rules that govern the rest of us. Police above the law is something that Kyla was thinking about when she took the above photo a few...

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