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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 33)

Our prediction on the appeal of the Alberta DUI law

Albertans won't put up with any horse shit.

We have strong connections to Alberta so we've been closely watching the developments in the legal challenge to the Alberta DUI law that came into effect last year. The anniversary of the law is now less than a week away. The challenge to the law is now before the courts. We're ready to make a bold (perhaps foolish) prediction of the outcome. In a blog post from the time, we explained the effects of the new law and why we feel that it is a clear violation of the presumption of innocence. Reading it again today we think that our post...

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The most information about Immediate Roadside Prohibitions

The Most Information about IRP DUIs

In a recent blog post we bragged about our IRP Appeal Library. We received some emails in response pointing out that our blog and our website has the most information about Immediate Roadside Prohibitions you'll find anywhere. We know that. And thank you very much. We're doing our best to ensure that as many people as possible succeed on their IRP appeal. For us as lawyers there is nothing that bothers us more than the thought of innocent people who end up stuck with an IRP that they didn't deserve. In the blog post we mention that we use our library...

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ICBC sues riot suspects

ICBC sues riot suspects

It’s been nearly two years since the Stanley Cup riot in Vancouver and ICBC is now launching a civil claim in the Supreme Court of British Columbia against 46 people who have been charged or convicted for their actions in the riot. ICBC says they are seeking damages after paying out about half a million dollars in claims on 77 of their customer’s vehicles that were damaged. Acumen Law’s Paul Doroshenko joins the conversation for a legal perspective. Global News Top Story: ICBC sues riot suspects: http://globalnews.ca/news/644039/on-top-story-june-12/...

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The most important points from the UVic paper on IRP statistics

The numbers don't show what they say

The IRP news today is all about the UVic paper on IRP statistics. We’ve read it. The news reports are inaccurate and there are some significant difficulties with the paper in our opinion. The most important thing that they say is hidden in the last pages of this paper and that is this: they can’t distinguish between the impact of the intervention itself or the associated publicity. (page 13) In other words the law itself may be completely irrelevant. It’s the publicity about it that contributes to the purported decline in drinking and driving. Then they say that short term changes may not...

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IRP appeal library

Our IRP appeal library is always expanding

On Saturday June 15, 2013, it will have been one year since the Immediate Roadside Prohibition / IRP scheme came back into effect. Of course, the BC Supreme Court found the first botched version of the legislation unconstitutional. Whether the second version of the legislation is constitutionally valid is a matter now before the Court. This is set for a hearing in September. And the Court of Appeal is still ruminating on the first version of the IRP law. They could render their decision any day. One day we'll write the complete history of the IRP scheme, or the obituary if...

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Types of DUIs in BC

Summary of the main DUIs in BC

There are now a number of different types of DUIs in BC and we defend all of them. The most common two types of DUIs are Immediate Roadside Prohibitions and Criminal Code drunk driving charges. We receive a lot of calls from people who don't know what type of DUI they've got. So here is a quick breakdown of the types of DUIs in BC that are most common and what it all means. Immediate Roadside Prohibitions - IRP These are the most common DUIs in BC. The entire process happens at the roadside. A police officer uses an Approved Screening Device...

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Top Story: Stanley Cup Riots

Vancouver lawyer Paul Doroshenko on Global TV

The first rioter to plead not guilty and go to trial is not going to jail. Spencer Kirkwood is facing a 30-day conditional sentence and two years probation for his role in the 2011 Stanley Cup riots. Is this a fair sentence? Criminal lawyer Paul Doroshenko joins host Michael Eckford to break down the sentence and to discuses sentencing in the Stanley Cup riot cases. http://globalnews.ca/news/618058/top-story-june-5-2013/  ...

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We won’t back down

We won't back down in our IRP challenges

When it comes to certain things, we won't back down. About three years ago the Government introduced the legislation to bring in Immediate Roadside Prohibitions (IRP). For us that was the start of a campaign to protect the people of BC from this legislation. It's been a difficult struggle but as regular readers of our blog already know, we've gained a lot of ground. That's because we won't back down. Every time we get an illogical or untenable review decision, we encourage our clients to appeal it. Win or lose, we want the BC Supreme Court to know the type of...

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Complicated DUI defence

Complicated DUI defence lawyers

Is there such a thing as a simple DUI case? Certainly some impaired driving cases are more straightforward than others. However, having successfully defended well over a thousand DUI cases over the years, we think that we can reliably say that, as you work on each file, virtually every drinking-driving case is complicated in some manner. Every file has challenges. Some DUI cases have extraordinary facts. Sometimes it hurts, but complicated DUI defence is part of our job. The standard old lawyer mantra is "don't assume that you're guilty just because you blew over .08." It's accurate, but it really doesn't...

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Whether you should appeal an IRP

Whether you should appeal an IRP - the answer is yes

(UPDATE: New reports are that at least 1 in 5 are successful in having their IRP lifted on review. Our success rate is well above the average, so we bring the numbers up.) When the Immediate Roadside Prohibition scheme first came into effect on September 20, 2010, there was a lot of discussion among criminal lawyers about whether it was worthwhile to appeal an IRP. Most lawyers who defend DUI-type cases in BC have a dim view of the review process with Administrative Driving Prohibitions for reasons that are almost too numerous to explain. Bearing in mind that the review for...

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