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

Stupid statements made at the roadside: are they considered evidence of drunk driving?

stupid statements made at the roadside

So you’ve been pulled over on suspicion of drunk driving. In your haste, you make a few stupid statements to the officer at the roadside and now the officer is alleging you have driven after consuming too much alcohol. If the case goes to court, can those stupid statements be used to incriminate you? Often, those statements may be found inadmissible in court. Whether these statements can be used depends on a few factors. In one case, a driver was charged with impaired driving and driving with a blood alcohol level over .08. One of the issues raised on appeal had to...

Continue reading

What does Stroh Health Care do with BC drivers’ personal information?

Stroh Health Care

It’s been more than 10 years since BC Government first contracted Stroh Health Care to operate the province’s Responsible Driver Program. This $930 per-head program is a mandatory course for anyone who receives a driving prohibition after blowing a “FAIL” result on a breathalyzer, or two “WARN” results. Stroh Health Care has had tens of thousands of BC drivers take its course since 2005. As a result, these guys go through a lot of personal information from BC drivers. For one, all of their staff who deal with RDP program participants will likely know the names of these drivers, know that they had been...

Continue reading

24-hour driving prohibitions for alcohol vs. 24-hour driving prohibitions for drugs

24-hour driving prohibitions

The Motor Vehicle Act permits a police officer to issue a driver a 24-hour driving prohibition for alcohol or a 24-hour prohibition for drugs. In both cases the time period is the same which suggests that these are similar driving prohibitions. But when it comes to alcohol vs. drugs, the law is very different. In fact, when it comes to 24-hour driving prohibitions, the procedure, evidence and review are almost incomparable. The BC Motor Vehicle Act clearly sets out two different subsections to address drug-impaired and alcohol-impaired driving. These two subsections have fundamental differences. If you are issued a 24-hour driving...

Continue reading

When can police arrest me for being drunk in public?

Drunk in public

It’s the early hours of Saturday morning in downtown Vancouver. Even the stragglers are starting to head home after a night of drinking. They pour out of bars and nightclubs in a tapering trickle, like the last drops in a good bottle of scotch. Some hail taxis, hop on a bus or head down the steps into a SkyTrain station. Others walk home. Here’s where the issue begins. Many of those heading home will be in varying states of inebriation. Perhaps enough so to be considered drunk in public, or intoxicated in a public place, as it’s called by the...

Continue reading

Unprepared IRP adjudicators could hurt drivers

Unprepared IRP adjudicators

A recent case argued in the BC Supreme Court by our own Kyla Lee affirms what we have said all along: Immediate Roadside Prohibition adjudicators may not be sufficiently prepared in the areas of law they preside over. In this case, the court identified an adjudicator's lack of understanding of the law that could have resulting in serious consequences to our client. In our view, the adjudicator’s understanding of the law was sufficiently flawed that the judge directed the adjudicator to review case law on the issue. Who or what is an IRP adjudicator? An IRP adjudicator is a person delegated by the Superintendent of...

Continue reading

High standards for proving drug impaired driving prohibitions

Drivin high?

Late last week we had a significant successful decision in BC Supreme Court for a client who was pulled over by Vancouver police for “slow driving,” before being given a 24-hour prohibition for allegedly driving while affected by drugs. In this case, the officer never found any drugs on our client or among his possessions. Instead, the Vancouver police relied on the smell of “fresh marihuana,” the presence of marijuana grinders, and a bottle of eye drops to make their case. It was not lost on the court that the officer had “no explanation” as to why our client was pulled...

Continue reading

Lawyers working in the public interest

Failure of checks and balances

If you weren't aware of it before, the last few months have given many a new understanding of lawyers working in the public interest. The reality is that working for the public interest is common for tens of thousands lawyers around the world for much or most of their work day. But the Trump administration has brought to the public attention the importance of public interest advocacy. A quick discussion of politics and history are required as a background to this post. We often speak of checks and balances to our system of democracy. The idea is that if you allow too...

Continue reading

NOTICE to anyone who received an IRP since June 2012

Notice to anyone who received an IRP

If you received an IRP since June 2012, you need to read on and follow our instructions. It's important for you. You may still have a chance to have your Immediate Roadside Prohibition revoked, removed from your license and get some of your money back. Kyla Lee had not one but two major successes last week in our courts. She succeeded at the BC Court of Appeal last Thursday in the Macht decision which addresses a regular problem we see in decisions of the RoadSafetyBC tribunal. In that case the Court agreed that an issue that was the primary thrust of...

Continue reading

Appeal Court Success for Kyla Lee of Acumen Law

Kyla Lee wins at the BC Court of Appeal

We often joke that that the BC Court of Appeal never saw a driving prohibition that they didn't like. But that changed Friday when the Court released their decision in Macht v. the Superintendent of Motor Vehicles. One particular concern we have when it comes to the adjudication of Immediate Roadside Prohibition (IRP) cases by the Superintendent of Motor Vehicles (A.K.A. RoadSafetyBC) is that the adjudicators appear to regularly disregard the thrust of the legal argument if they can rephrase it in a way to suggest that you were not forwarding a certain salient point. For example, you might argue that...

Continue reading

Updated website

Updated Acumen Website

Welcome to our newly updated website! We've been working hard for the last few months to update and refresh our website to make it easier to read and to ensure that we can have the most accurate up-to-date information particularly on the practice area pages. There have been many dramatic changes to the legal landscape in BC and Canada in the last few years and it can be very hard to keep up. Our blog contains over 500 posts, most of which deal with the IRP scheme. We considered altering or removing some of the posts that are less relevant bearing in...

Continue reading