22 March

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What Is the Right Tool?

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The feedback that we receive from our blog is inspiring. Mostly we get emails, but also phone calls and the odd thank-you on the street. We have over 130 postings. Most are about the Immediate Roadside Prohibition scheme, which merely reflects the fact that we have a lot to say about it (almost all of which is critical). If you received an IRP, then you understand. You are part of a community wherein you do not know the other members and have little by way of support from your community. But remember: there are at least 15,000 people who went through...

21 March

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Why you didn’t demand a second test

Posted by Paul Doroshenko

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The Police in BC are still busily handing out 3, 7 and 30 day IRP driving prohibitions for blowing WARN on an ASD, as well as 90-day Prohibitions for alleged refusal. We are disputing these prohibitions and still actively looking for cases to add to our Supreme Court challenge of the legislation. Recently we asked a caller why he didn't demand a second test. It seemed that his "Warn" prohibition may have been as a result of a contaminated sample. He said that it was so confusing, he didn't come to the conclusion that there might be a problem until the...

20 March

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Rights That May Have Accrued

Posted by Paul Doroshenko

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A few days ago we wrote about keeping track of the damage that you suffered from your 90-day Immediate Roadside Prohibition for Fail. Aside from the out-of-pocket expenses to the Government and the companies profiting from the IRP scheme, you may be able to receive compensation in the future for other losses. If, however, you have been sitting there suffering, and doing nothing about it, you may find yourself disappointed with the amount of compensation, if any, that you receive. Simply put, you have an obligation to mitigate your losses. You need to try to reduce the losses in whatever reasonable...

19 March

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Rule of Law

Posted by Paul Doroshenko

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Montesquieu gave definition to the Rule of Law and the division of powers

There is a strange tension in British Columbia at the moment between the Government and the courts. As a result, the chief judges from each level of court in B.C. signed a statement about judicial independence and the rule of law which is re-published here. This is a highly unusual step. Typically, the judges in our province can rely on lawyers to speak up in defence of the courts. Many lawyers have done just that in the last few years, ourselves included. The problem in this case is that the criticism is coming from the Government. And this poses a threat...

16 March

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The Legend of the Second ASD Sample

Posted by Paul Doroshenko

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The second ASD sample is as rare as a unicorn if they police don't have a second breathalyzer handy.

Earlier in the week we mentioned that the police rarely correctly follow the second sample requirements. Whether it is a Warn range Immediate Roadside Prohibition (IRP) or a now de facto - defunct 90-day IRP for blowing Fail, the police often screw this up. We received emails prodding us for more information and from people who were never our clients with their stories. So we thought we would explain more of the background What we found was you are more likely to be offered a second ASD sample during an IRP investigation if you are at a roadblock. If you were simply...

14 March

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Bad News in the Mail

Posted by Paul Doroshenko

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

If you just received an Administrative Driving Prohibition (ADP), a 30-day Immediate Roadside Prohibition (IRP) or a 90-day IRP, a nasty letter is coming your way. The IRP or ADP Notice of Prohibition does not explain the misery that is about to befall you. Only after the 7-day appeal period has expired will you receive the unexpected and unpleasant missive from the Superintendent of Motor Vehicles telling you that you must now complete the Responsible Drivers Program (RDP) and drive with an Interlock for at least a year (with GPS monitoring your every move). It is dirty that you do not get...

13 March

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Peculiarities of the IRP Legal Limbo

Posted by Paul Doroshenko

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Although the IRP law with respect to 90-day prohibitions for Fail was found to be unconstitutional, the law was left on the books until June. The Government argued that it was necessary to save lives. And the Court more or less accepted that argument. But the police stopped applying the IRP law, probably because they were uncomfortable using an unconstitutional law which might open them to liability. And it clearly was not needed to save lives because the drinking and driving stats in the last few months are the lowest in years. So we are in legal limbo. The law is...

11 March

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What Damage Did You Suffer from Your IRP?

Posted by Paul Doroshenko

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When the BC Supreme Court ruled on November 30, 2011 that the 90-day Immediate Roadside Prohibition scheme for Fail blows violates the Charter, many people contacted us looking for compensation for their loss. We asked everyone to sit tight because despite the ruling, we know the Government will do everything it can to avoid writing cheques. In the weeks that followed we learned that the Government intended to ask the Court to suspend the declaration that the law was invalid. Our view was that an unlawful law remaining in place would not be applied because it opened up the police to...

09 March

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Roadside Breath Tests Tainted by Police Negligence

Posted by Paul Doroshenko

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One of our lawyers is a member of the California DUI Lawyer's Association, so we follow the goings on with drinking/driving law in the Golden State. The authorities there are now dealing with revelations of roadside breath tests tainted by improper calibration. Although much of the law is different, there are a few similarities. There is a movement to deciding matters with government tribunals. And there are always problems with breath-testing machines. Most recently the defence lawyers in San Fransisco revealed that the police had not been calibrating their Alco-Sensor IV roadside breath testers. This is a problem our office has...

08 March

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Tribunalization – Ousting the Courts

Posted by Paul Doroshenko

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The BC Government wants to take matters from the court and give them to tribunals

The SPCA is angry at the Government. Their particular concern is that the Government is establishing a tribunal to deal with allegations under the Prevention of Cruelty to Animals Act, rather than having the matters dealt with in court. You can read their entire statement here, but this is an important excerpt: The BC SPCA says the proposed changes to the Prevention of Cruelty to Animals Act, introduced by the government today in Bill 24, have no benefits for animals in B.C. “We are very disappointed to see these amendments, which we believe will make it more difficult for the BC SPCA...