Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Nanaimo: 250 754 9558
Kelowna: 250 860 2766
Kamloops: 250 372 3448
Fort McMurray: 780 750 7588
Prince George: 250 564 8835

Facebook

Twitter

Copyright 2016 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation

Facebook

Twitter

Search
Locations
 

Blog

Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 58)

We Love Our Clients

We love our clients

There are days that being a criminal defence lawyer can be a thankless job. Many people don't understand our role, (until they need us) and others lament our very existence. But we're tough and we know that our work has meant a lot to our clients over the years. We've received some great feedback from our former clients. We really appreciate the kind comments. Often this helps us to keep our momentum. Every few months we post some of the comments on our testimonial page. Many we put aside because for whatever reason they don't seem to fit the current layout...

Continue reading

Next Category: People Who Were Refused an Extension

If you missed the 7-day period in which to file for a review of your 90-day Immediate Roadside Prohibition for Fail, and you or your lawyer wrote to the Office of the Superintendent to request an extension of the 7-days, please give us a call. We are now filing Petitions for anyone who was denied an extension of the 7-day time period. Many people are still without a license, or they wish to get back on the road without an interlock. We can do this relatively easily right now. The test cases we have started have resulted in the RDP and...

Continue reading

Update: People Who Did Not File for OSMV Review

It seems that most people who received a 90-day Fail Immediate Roadside Prohibition did not file for a review. We know that lawyers around British Columbia, quite reasonably, told people that there was no hope in winning, so no purpose in applying for a review. Others were sent away from ICBC after being told that they could not challenge the IRP on the basis of innocence. And some people learned enough about the scheme through the grapevine to know that the deck was stacked. Our advice was to dispute any IRP to register your opposition with the scheme and then hope...

Continue reading

The Family Car

The Family Car

We know that 90-day Immediate Roadside Prohibitions financially devastated many families in BC. Regardless of innocence or guilt, if the family car was alleged to have been involved, it was seized for 30 days and the owner was on the hook for towing and storage. For towing companies, it was as though they won the lottery. And of course, the Government collected the HST on all of those charges. But the lottery win for towing companies and the Government came directly from the pockets of BC families, and the loss of the family minivan was a huge hit. Why should the...

Continue reading

Follow up on Thursday’s Post Re the 7-day Period

We received a number of calls and emails Thursday about the blog post. We wrote about the 7-day period in which you could file for review and how that was designed to disadvantage people who received Immediate Roadside Prohibitions. The main purpose of the post was to explain the historic reason for the 7-day period and to shed light on how this was simply unfair when it comes to IRPs. The feedback we received indicates to us that many people missed the 7-day period, or made the then entirely rational decision to not file for a review. As we have said,...

Continue reading

The 7-Day Period to Apply for Review of Your IRP

Missed 7-day review

Did you apply for a review within the 7-day period? It is the first question we need to address for every new client with a 90-day Immediate Roadside Prohibition for ASD Fail because, to date, the interlocutory remedies are only available to people who lost on review. What does this mean? If you filed for a review of your 90-day IRP for Fail with the Office of the Superintendent by attending ICBC licensing and paying for a hearing, then we can take the review decision and file an appeal (a Petition) in Supreme Court to stop the interlock and RDP until...

Continue reading

British Columbia is Broke

In case you missed it, the British Columbia Government has run a deficit for the last few years and things don't look like they'll get better any time soon. In essence, the Government spends more than it brings in each year, so it borrows money to cover day to day expenses and to pay for debt racked up in previous years. It's like using your credit card to pay your credit card bill while spending more than you earn each month. Eventually you hit the wall. Greece, Ireland, Spain, Portugal the USA are examples of countries where the deficits and...

Continue reading

Did We Really Need to Wait Six Months?

The Government argued that if the 90-day Fail IRP scheme was lifted there would be chaos in the streets, dozens of unnecessary deaths (all DUI deaths are unnecessary) and general pandemonium. The argument was that the police in BC needed this tool because it saves lives -- that there was no other way, and therefore the Government needed the law to stay in place until June. But the police stopped using the law and they apprehended more impaired drivers over the holiday season than in typical years past. And despite the Court accepting the Government's argument and extending the application of...

Continue reading

Is anyone guilty?

a

Often reporters looking at ASD maintenance records in our office will ask if anyone is actually guilty. It is the kind of thing you might think for a minute when you are shocked by the problems with the devices, or you see one of the cases like Margaret MacDonald's. Of course many people are guilty. If you examine historic records of how many people blew under when taken to the detachment, perhaps 20% of people who blew Fail are innocent. When it comes to ASD refusals, we think it is more like 80%. And some Immediate Roadside Prohibitions are lifted on...

Continue reading

Margaret MacDonald is Our Hero

If you missed the article in the Vancouver Sun on Wednesday, click here to read it. The article describes the ordeal of Margaret MacDonald, who received a 90-day IRP for alleged refusal following the brutal treatment one can generally expect from BC police when they conclude you are not trying to blow. We have explained the problems here and here, but Margaret MacDonald's case is somewhat different in that she refused to be shamed into silence. Simply put, she was willing to speak to the media. After being brutalized by the police, she took a taxi to a hospital and the staff...

Continue reading