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

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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Acumen Law on tour

Acumen Law on tour - BC DUI lawyers travel all around to help clients and explain IRP driving prohibitions

In the last year we've been all over the place to speak to other lawyers and experts about the DUI laws in BC and to advance our skills as Criminal Lawyers. Our stance on IRPs has made us controversial and popular. Whenever we get the chance, we explain to people what the Government is doing in BC and why it's so very wrong. We've been to so many places that for us it feels like it's Acumen Law on tour. In the last 9 months we've been to Texas, Nevada, New Mexico and Alberta all for the purpose of speaking to...

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Your interlock worries are over

Your interlock worries are over

If you received an IRP before November 30, 2011, for blowing Fail we can confirm that your interlock worries are over. We represent a great number of people who were issued 90-day Immediate Roadside Prohibitions under the first version of the IRP scheme. For the clients who were unsuccessful on review, and who gave us the instructions to appeal their IRP decision, we filed Petitions in BC Supreme Court. Filing the Petitions caused the so-called Remedial Programs (IIP and RDP) to be suspended pending the decision in Sivia. On November 30, 2011,  the Court gave the first Sivia ruling. The Government took...

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Chipping away at the Immediate Roadside Prohibition law

Chipping away at the Immediate Roadside Prohibition law

We've never been certain that the IRP law would be struck down by our courts, but we've been fairly certain that by chipping away at the immediate roadside prohibition law we could cause the scheme to become irrelevant. So for us this has been our long-term strategy. And it's working. When the IRP law came into force many lawyers wanted to get the judicial challenge on right away, regardless of the fact pattern in the case that was advanced. It's true that it shouldn't matter -- if the law is unconstitutional, it is unconstitutional regardless of the facts of any one...

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The most information about bad breathalyzers

Roadside gamble (note: ASD image altered for dramatic effect)

We have written many blog posts about bad breathalyzers, malfunctioning units, incorrect police calibration of ASDs and the simple things that so often lead to inaccurate breath results. And if we had the time we could write two blog posts a day describing some of the amazing and horrible things that we find about the Alco-Sensor IV breathalyzers that the police use in BC. Of course, we collect records concerning ASDs used by police forces all over BC. We would love to get an economist or statistician to sit down with our records and IRP library to determine the propensity of...

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