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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 64)

Hundreds trying to get licences back

Vancouver Criminal Lawyer Paul Doroshenko slams impaired driving law

VANCOUVER (NEWS1130) - A Vancouver lawyer is very busy, getting banned drivers their licences back. The cases are piling up since the BC Supreme Court ruled against the province's tough new drunk driving laws last week. Paul Doroshenko says he represents at least 100 people who've been hit with a 90-day driving prohibition but are due to get their licences back. He says some individuals are desperate to have their driving bans overturned. "Many, many people lost their jobs as a result of this, as anybody who had to drive for a living lost their job because nobody was sticking an Interlock (an...

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Petitions, extensions and stays of driving prohibitions

As we've said, from our perspective the entire issue of 90-day IRPs should have been resolved when Sivia was released last week. But this will linger, which is why we're now encouraging everyone to Petition to court to review the OSMV review decision in their case. If you need us to get an order re-instating your license, it has become quicker and slightly easier. We can usually have an order in about a week. The AG now consents to most orders if the proper documents have been filed and the legal test is met. The orders we filed today extend the...

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What to do if you received your 90-day IRP months ago

We've received hundreds of calls already this week from people who got a 90-day IRP several months ago or even last year. We understand that many people are still angry about the process and what they've been forced to pay out, particularly since the scheme has been found to be unlawful. From our perspective, the Government created a law that stood in violation of the Charter of Rights and in particular, grossly restricted the defences a person could advance. Moreover, they made it impossible to obtain the evidence required to prove innocence because the Government either refused to assist, or obstructed...

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Appeals of IRP Review Decisions

We are starting to flesh out the Government's position concerning people who are serving 90-day IRPs. There are two general classes of individuals: those who applied to review the IRP; and those who missed the 7-day period in which to file an Application for Review. In our view, anyone who received a 90-day IRP should be entitled to have it unwound immediately. We think this is the right thing to do bearing in mind the recent BC Supreme Court decision. Newspaper articles published on the weekend indicate that the Government is taking the position that this decision, for some reason unknown to law, only applies...

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Editorials on the IRP Decision

We know that many of our clients have felt first hand how unfair the IRP scheme was. What is perhaps surprising is that people not directly affected are nevertheless concerned about the lack of due process and oversight of the police. Looking at the comments section of every news story, it's clear that most people viewed this legislation as a cynical attempt to get around providing people with their rights or a legitimate review of the evidence. It's been interesting to read the comments. It's good to see that so many people are so thoughtful and engaged. We were also surprised that the...

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90-day IRP Update – Friday December 2

The dust has not settled yet. The decision will impact many people.  Right now we are waiting to see how the Government reacts to the Court's decision.  We are waiting for: 1. An Order and Declaration from the Court that found certain parts of the IRP scheme unconstitutional.  The judge has asked the lawyers back into Court to make submissions on the form of Order and Declaration. 2. The AG's position on those who were caught by the unconstitutional legislation.  Is the Government going to remove the IRP from a driver's abstract? Refund fines, impound fees, interlock and course costs? Or are they...

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