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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 52)

In BC municipalities can decriminalize marijuana

In BC municipalities may decriminalize marijuana

An interesting twist to the Sivia decision is that BC municipalities may be able to decriminalize marijuana relying on this precedent. UPDATE: The BC Court of Appeal has confirmed the approach taken by the Court in Sivia. Is this the back-door to marihuana decriminalization? In Sivia one of the major issues was whether the BC Government could pass legislation which would have the effect of stopping the police from conducting criminal investigations of drinking-driving offences. The Court said the province had the power to do this. An Immediate Roadside Prohibition in BC begins with a criminal investigation for drinking and driving. Criminal law...

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Letter from the OSMV saying you must get the interlock

Attractive Vancouver woman gets a letter from ICBC with details about her driving prohibition

We have had a few calls today from people who did not instruct us to file an amended Petition and set a hearing date. Some have already received a letter from the OSMV saying they must get the interlock and pay for the RDP. We haven't seen the letter yet. We have been told that they have 30 days or 60 days to get the interlock installed. We know some lawyers were of the opinion that the Government wouldn't get their act together and follow through. We thought that this was possible, which was why we listed an option 2 and...

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We would like to express our thanks to all of the clients who contacted us last week concerning their Petition for judicial review of the IRP they received. It was an extremely busy week for us, but we got the job done. We appreciate the patience exercised by everyone who called. We also appreciate the interesting ideas many people have about the judicial challenges to the IRP scheme itself. Many people have a lot of thoughtful ideas. Most people opted to keep up the litigation. This applied to the clients who fell in the categories wherein the Government wanted to pull their...

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Port Moody police admit to breathalyzer error

Vancouver Criminal Defense Lawyer Paul Doroshenko

Port Moody police have admitted to an administrative error that could potentially taint the results of 50 failed breathalyzer tests, following a CTV News investigation into the matter last week. The department issued a statement Monday acknowledging that an officer had written an incorrect expiry date onto numerous forms issued for roadside bans in that Metro Vancouver municipality. The case in question was won by lawyer Paul Doroshenko, whose client was able to reclaim his driver’s licence after failing two separate breathalyzer tests in August. Doroshenko told CTV News last week he’s hoping to have all the impaired driving bans issued in Port...

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Time to contact us regarding your IRP judicial review

If you want to keep driving in BC it may be time to do a judicial review

As we explained in our post on July 23, 2012, the Government wants everyone who received an IRP and had the consequences suspended to now serve the punishment. This means that if you managed to suspend the remedial consequences, (i.e. the interlock and responsible drivers program, fines, etc.) by having us file a Petition for a judicial review of your IRP, they now want to force you to do these things if you want to drive. We did a smart thing in hindsight. For each client we reviewed the case and wherever possible we included arguments on the merits of the...

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Immediate Roadside Prohibition in Port Moody

Port Moody welcome

In you were issued an Immediate Roadside Prohibition in Port Moody from June 15 until today, you should give us a call. As CTV has reported, we obtained records through a Freedom of Information request from the Port Moody Police. The records show that the Port Moody Police have been providing false information to the Office of the Superintendent of Motor Vehicles concerning the maintenance of their Approved Screening Devices. Each month the officer who completed the Certificate of Qualified ASD Calibrator would simply record the annual service expiry date for each device as one month in the future. Obviously, because it...

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Lawyer wants Port Moody drunk driving bans overturned

A Vancouver lawyer is calling for all Port Moody impaired driving bans issued since June 15 to be overturned, CTV’s Investigators have learned. Paul Doroshenko recently won a case for a client who failed two breathalyzer tests in that Metro Vancouver municipality in August. Doroshenko reviewed maintenance documents for the screening devices that registered a fail and found that the police officer had changed the service expiry date for them. Through a freedom of information request, Doroshenko obtained the documents for all the Port Moody devices and found discrepancies in all the service expiry dates. He says that casts doubt on all...

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Standard police interrogation procedure

Standard Police Interrogation procedure

We regularly see standard police interrogation procedure that in our opinion would shock the good thinking people of Canada if they only knew about it. An Alberta court decision which provides a good example of standard police interrogation procedure has just made the news and it's worth a read. See: R. v. Chapple, 2012 ABPC 229 The decision is interesting for a number of reasons, not the least of which is as a cautionary example of how the police can obtain a false confession. Cops and Government dislike lawyers because lawyers help people In our day to day practice it is clear to us...

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90-day IRP win rate

We were curious about the 90-day IRP win rate so we made a request for the statistics pursuant to the Freedom of Information and Protection of Privacy Act. Months later, well after the information could be used by the Court, they sent us the stats. The fact that they held onto it so the Court wouldn't have a chance to look at it is disturbing. What is also disturbing is what the numbers reveal as we go through them. As most readers of our blog know, 90-day Immediate Roadside Prohibitions, also known as IRPs or Automatic Roadside Prohibitions or ARPs, are...

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Some stats on disputing a Warn IRP

If you are thinking about whether you should be disputing a Warn IRP, or whether you made a mistake by not disputing a Warn IRP, we have some stats for you to consider. Back in January of this year we made a Freedom of Information request for stats that the OSMV had collected concerning the Immediate Roadside Prohibition (IRP) scheme. We knew that they had this information right in front of them in some computer program, but because we did not identify the specific documents, they decided to not respond to us in the usual course. You can understand why we...

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