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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 35)

Keep an eye on this: new traffic ticket process

New Traffic Ticket Process BC

In May 2012 when the legislation was introduced we told you about the new traffic ticket process in BC and some of our concerns. We're worried about it. It appears to us the BC Government is trying to legislate out your Charter Rights, remove your right to face your accuser, and take away their obligation to prove alleged traffic violations beyond a reasonable doubt. Under the new law you cannot cross examine the police officer, you cannot compel the police to provide you with further disclosure so that you can make full answer and defence to the accusation and you cannot...

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Reacting to Change

Reacting to change in BC law

As our society inevitably changes, new legal issues arise. When texting while driving became more and more common, the police started giving out tickets  for Driving Without Due Care and Attention to texting drivers. This was happening long before there was legislation regarding using an electronic device while driving. Because of new technology, the police in BC adapted by using the laws that fit. The police were reacting to change. The police were well ahead of politicians who generally work for the reward of more votes. With smart phones a technological change caused a change in driving behaviour that was met...

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Getting your money back for the Interlock and RDP

Getting your money back for the Interlock and RDP

When the Government finally agreed not to compel the 1137 people who were the subject of our court challenge to complete the Responsible Driver Program and get an Interlock, they also said that they would reimburse those people for the money they'd paid toward those programs. We're now bringing a court challenge to ensure nobody else is forced to go through these programs unless it can be justified on the basis of their driving record. We think that we'll succeed (or we wouldn't do it) but the big question is whether you'll be getting your money back for the Interlock and...

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Our challenge to the Interlock and RDP requirements

Freeing you of the Interlock

If you've followed the news and our blog, you know that our challenge to the ignition interlock and RDP requirements led to 1137 people being freed so far. The remedial requirements are discretionary according to the Motor Vehicle Act, the decisions of the ICBC OSMV tribunal and the deputy Superintendent. But the Office of the Superintendent of Motor Vehicles ordered everyone since September 20, 2010, to go through these so-called remedial programs. We think that either the Government wrote the law this way to try and deceive the Court when it came to argue Sivia, or the OSMV was going rogue,...

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The public mood has shifted on IRPs

The public mood has shifted on IRPs

As our regular readers know, over a couple of years our blog has become the source for news on Immediate Roadside Prohibitions (IRPs). As far as we're concerned, the current drunk driving laws in BC mark a low point in our history. We have sacrificed fairness for expedience. Many innocent people have had their lives ruined by being wrongly issued a 90-day IRP. The Government seems bent on trying to turn alleged drunk drivers into a source of revenue for both the Government and their co-conspirators. It's an ugly situation. All of us in our law office recognized early on that...

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Who makes all the money from the RDP and interlock?

Who makes the money from the RDP and interlock?

Reporters and clients often ask us who makes all the money from the RDP and interlock, and the answer is that we don't know. The IRP scheme brings in money to the Government and the tow truck companies are making huge profits. Of course, the Government also makes money on the HST for these "services." But it's the Responsible Driver Program and the ignition interlock that most concerns us. The reason is that these are sole-source providers granted their privileged position by the Superintendent of Motor Vehicles. The numbers are off the charts. At roughly $900 per person, assuming everyone went...

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IRP news and editorials from major newspapers

The IRP news immediate Roadside Prohibition resource

Toward the end of last week, while we were busy trying to lift the interlock requirement for as many people as possible, the Vancouver Sun published an article with particularly interesting IRP news. Ian Mulgrew managed to interview the former B.C. Solicitor General John van Dongen, and elicit his opinions on the IRP scheme. He was a member of the BC Liberal cabinet when the Immediate Roadside Prohibition legislation was introduced. Van Dongen is an interesting guy. But really interesting to us is the enlightened observations he made about the IRP scheme when it was first discussed in cabinet. This is...

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Decisive action on the interlock and RDP

Torpedo on the water: interlock and RDP remedil requirements are about to be destroyed

We've been working very hard this week because now is the critical time to take decisive action on the interlock and RDP requirements that follow a 90-day Immediate Roadside Prohibition. You can read the previous posts to see what got us to where we are. Simply put, the Office of the Superintendent of Motor Vehicles took the position when the IRP scheme was introduced that if you were issued a 90-day IRP, the Responsible Driver Program (RDP) and interlock were mandatory. Of course, that's not what the law said and not what our provincial politicians voted on when the IRP law...

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Lifting the interlock requirement

Lifting the interlock requirement

We have been incredibly busy since the news last week about the Ignition Interlock and Responsible Driver Programs. We have been receiving hundreds of calls and emails. Many people are calling to share their stories, to thank us, or to ask whether we can help them. We wish we had time to talk to everyone but unfortunately there just aren’t enough hours in the day. So we send out our apologies if we have been slow getting back to you. Many who are calling us have been wondering if they too might be exempted from the Ignition Interlock and Responsible Driver Program...

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The most important tidbit from the IRP news

The OSMV now sees the light and we hope they will abide by the law

Chances are if you're reading our blog today then you've been following the news in the last few weeks. Everything has been pretty well explained in previous posts, but there is one important tidbit from the IRP news stories that you may have missed. The OSMV appears to have capitulated. In an article in the Canadian Press the deputy Superintendent of Motor Vehicles is quoted: Melvin said her office considers the driver’s five-year driving record before making a decision to refer the person to a remedial program. She said her office is also open to hearing submissions from the motorists. Read more: http://www.vancouversun.com This...

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