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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 47)

Best criminal lawyer & we are ensuring you can drive

The best criminal lawyer Thank you again for following our blog. We try to ensure that the title of each blog post will make sense and make it easy to figure out what the topic is. Sometimes it's hard to come up with a title. Today's post, Best criminal lawyer & we are ensuring you can drive, is not as straightforward as we would like. As far as "best criminal lawyer" is concerned, The Straight is conducting its best-of poll again. It closes in a few days. Some lawyers have been working very hard at soliciting votes for the category Best Criminal...

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What does it take to get your IRP overturned?

Get your IRP overturned

This BCLiberal Government has the hate on for lawyers. They are angry that we exposed their IRP scheme for what it is, they don't want to pay legal aid lawyers because they think lawyers are responsible for court backlogs and they assume that everyone is guilty in any event. They hate lawyers so much that they made someone who never studied law the Attorney General. But that's democracy for you. Any party that gets elected can go about doing all sorts of things they never discussed during the election, such as the HST and IRPs. Of course we know of this...

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Notice to our clients who have temporary drivers licenses

IF YOU HAVE a temporary drivers license that will expire on June 30 and we filed a Petition in court to put off the prohibition, we need you to contact our office immediately. The Court has not rendered a decision concerning the remedy in Sivia. We expect a decision right away, but we still don't know how the court will rule. And in any event, if we filed a Petition in BC Supreme Court to get your license back, the order expires this week and your license will be cancelled if we do not file a new order for you. So we...

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Drunk driving law needs tweaking

Inaccuracy issues raise concerns about immediate penalties for drunk driving. The Alberta government is going to mark Canada Day by rolling out its tough new drinking-and-driving law. In doing so, Alberta will become the first province to institute indefinite suspensions for drivers who blow a breathalyzer reading that exceeds .08. The new drunk driving law will include an immediate licence suspension, and drivers won't get their licence back until the charges have been resolved. Concerns about the accuracy of roadside breathalyzer tests have some merit based on the sometimes machines' spotty track record. A Canadian Press story in December detailed an investigation of...

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Expect a decision

A number of people are contacting us about their temporary drivers licenses that were issued because their IRP is either still in dispute, or a court order has stayed the prohibition. The temporary driver's licenses expire at the end of this month. Knowing the work that must be done to further extend the licenses, we are taking steps to do this for our clients if it becomes necessary. However, you should know that we don't think that this will be necessary because we expect a decision any day. Judgments of the court may be issued a number of ways, including by simply...

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Temporary license under the old IRP scheme

If you have a temporary license under the old IRP scheme chances are that it expires at the end of June. Many people received a 90-day IRP for alleged Fail, and due to the current legal limbo they have only been granted a short-term B.C. driver's license. The Sivia decision from November is under appeal, and the lawyers for the Government tell us that they do not know when the court will render a decision on what remedy will flow from the Charter violation. There are two groups of individuals who have temporary licenses. A number of people who were in...

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The new Immediate Roadside Prohibition scheme

new immediate roadside prohibition scheme sucks

On the weekend we received our first calls from people who received IRPs under the new Immediate Roadside Prohibition scheme and on Monday we finally got a look at the new forms. We've been analyzing them since. Once again, there are major flaws with the scheme and all of that talk about an expanded review process is a pile of garbage. The new material is designed to further limit arguments you can make and to hide the evidence that would help differentiate guilty individuals from those who are innocent. Instead of complying with the direction of the court, the new...

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Blow twice

Blow twice

Of course, Immediate Roadside Prohibitions are back, and clients have been asking us what to do if they find themselves in the position where they've been asked to blow. Good question. If it's a police officer asking you, and they seem to be suggesting that you blow into a roadside breathalyzer (Approved Screening Device ASD) you should always try your best to blow. The simple fact is that your blood-alcohol level may be lower than you think. It's possible that you'll blow a Warn or blow in the pass range. If you refuse you'll likely get a 90-day IRP. The defences to...

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Immediate Roadside Prohibitions for Fail come back to BC

Thumbs down because immediate roadside prohibitions for Fail are back

This is the day that Immediate Roadside Prohibitions for Fail (Fail IRPs) come back in BC. As of June 15, if you are stopped at the roadside for an impaired driving investigation, you will no longer have the right to talk to a lawyer. You will no longer see a remedy for any Charter breaches that arise during your interaction with the police. The police can demand a breath sample with no grounds at all and if you provide it and blow a Fail, there is no way to challenge the illegality of the search and seizure. If you refuse, on...

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Really not immediate roadside prohibitions

Still driving because it's really not an immediate prohibition

Many people have called us in the last two weeks wondering about the Fail 90-day Immediate Roadside Prohibitions (IRP) that were postponed until the end of June. There are two groups of individuals. The first are people who filed for a review shortly before November 30, 2011, and were notified by the OSMV that their prohibition would not come into effect until June 30, 2012. The OSMV said it would render a decision in their case before that date. As far as we're concerned, the Immediate Roadside Prohibition law is unconstitutional and these dated IRPs can't be patched up. Also, it...

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