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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...Continue reading
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...Continue reading
In casual conversation one thing we're often asked is how to beat a DUI. It's a funny question because what we're really being asked is how to drink and drive without facing the law. We know all about the legal schemes to catch DUI drivers in BC, and surprising even to us is that we can predict fairly well where the roadblocks will be located on any given night. And as best as possible, we could actually tell you how to beat a DUI in BC if your plan was to set out to drink and drive. The thing is, as...Continue reading
As we've explained before, and was clearly stated in the Spencer decision, the OSMV tribunal lacks many of the fact-finding features necessary to make reliable decisions when reviewing an IRP driving prohibition. The legislation prohibits cross examination of the officer. The OSMV tribunal made the decision, without anything in Motor Vehicle Act to back it up, to limit review hearings to 30 minutes. Lawyers are refused any request for disclosure beyond that which the Government wants to hand over. The evidence of the police is, almost without exception, accepted without question and the evidence of the applicant is often parsed...Continue reading
Ever since the BC Government completely revamped the DUI laws in our province by introducing roadside punishment, people have not stopped talking about immediate roadside prohibitions. Wherever we go in every corner of the province, people want to talk about what happens when you get an IRP, what are the true consequences (not what the Government tells everybody) and what are the defences to this type of DUI. There are a number of reasons why this has remained a hot topic: Many people have received IRPs The numbers are staggering. The average appears to be in excess of 15,000 people per year...Continue reading