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

Gigantic IRP news

Gigantic IRP news

The BC Government has introduced new legislation to fundamentally alter the IRP scheme. The law will eliminate remedies for old Immediate Roadside Prohibitions. The law will make the Superintendent a party in adjudication. The legislation will limit the arguments that can be made and the submissions that can be made on behalf of applicants. In our opinion upon preliminary review of the legislation, if enacted this law will once again put the IRP scheme in violation of the Charter of Rights. We intend to challenge it on behalf of all British Columbians. We will provide more extensive updates concerning this gigantic IRP news as...

Continue reading

Can you avoid a DUI roadblock?

Avoid a DUI Roadblock

An interesting issue -- we see it reported on U.S. news websites fairly regularly; that is drivers turning off the road to avoid a DUI roadblock. It may not apply across the United States, but in some jurisdictions the police are required to publicize the times and approximate locations of DUI roadblocks. Moreover, it appears that at least in some jurisdictions drivers are entitled to take a lawful exit or turn to avoid a DUI roadblock up ahead.[pullquote]A departure from the road to avoid a DUI roadblock is completely permissible, so long as you are abiding by the rules of...

Continue reading

Red Alert update

Red Alert update

Just before Christmas we issued a Red Alert. We try not to be alarmist, but every once in a while the Government does something that requires a significant response. In this case, we needed to alert the people who read our blog of the letter we received from RoadSafetyBC. This is what the letter said: December 12, 2014 Reference No. 506235 Dear Legal Counsel: I write to inform you of an impending change to RoadSafetyBC policy concerning the Immediate Roadside Prohibition (IRP) program. Effective January 12, 2015, RoadSafetyBC will no longer accept applications for extension of the 7-day window to apply for an IRP...

Continue reading

Lawyers advising clients about DUI roadblocks

DUI roadblocks

In the last few years we've seen popularized videos of people from inside their cars recording their interactions with the police at DUI roadblocks. Most of the videos are from the United States where the constitutional rights are very different. As DUI lawyers we like watching them for entertainment, but we also understand the backlash when it comes to certain videos.[pullquote]The tricks that might get you through DUI roadblocks in Canada require that you actively attempt to unlawfully obstruct a police officer.[/pullquote] In one instance a lawyer tested a method to get though DUI roadblocks in Florida. He held up a...

Continue reading

RoadSafetyBC issues and solutions

RoadSafetyBC Issues

Because we deal with so many Immediate Roadside Prohibition review hearings, we recognize patterns in the decisions. That’s not necessarily a bad thing. There is a requirement for adjudicators and administrative tribunals to be consistent in decision-making. The RoadSafetyBC tribunal should be no different.[pullquote]It has been the subject of so much discussion from our courts that it boggles the mind to see it continuing to occur.[/pullquote] However, when the patterns relate to improper ways in which evidence is assessed it can be frustrating. And, as we have said before, it’s often frustrating when tribunals do not follow the law. One of the...

Continue reading

An IRP victory

An IRP victory

We have some good news to report about an IRP victory that never got much press. We learned yesterday that in one fiscal year the BC Government paid approximately $732,000 to some people who were wrongly sent to the Remedial Programs. This is our IRP victory. It happened because of our challenge to the former practice at RoadSafetyBC of requiring everyone who received an IRP automatically to be referred to the Responsible Driving Program and Interlock Program without the possibility reconsideration or any review of their driving record.[pullquote]We had to advise clients regarding the high-percentage chance of a quick-money settlement. [/pullquote] Mixed...

Continue reading

G. Jack Harris and Justice

G. Jack Harris and Justice

Nearly a year ago, renowned Abbotsford criminal lawyer G. Jack Harris passed away. A number of things have had me thinking about G. Jack lately. Shortly after his death some of his clients came wandering into our office looking for someone to take over their case. Each had a binder or thick envelope in hand containing the particulars and a letter explaining that Mr. Harris had died, they would need to find a new lawyer and then there was a list of possible lawyers with me as the number 1 on the list.[pullquote]As lawyers we merely get to borrow the justice...

Continue reading

Is that your Charter of Rights?

Americans know their rights

One thing about Americans is that most of them know they have a constitution that protects their rights. Americans know about their Miranda rights; essentially that they have a right to silence, they have a right to a lawyer and they have a right to demand that a lawyer be present in any police questioning. This makes for great television because the police questioning happens with the wily attorney right there in the interrogation room.[pullquote]If the police can just violate your Charter rights and not abide by your Charter rights how are you ever to come to the sense that you...

Continue reading

Implications of using defective breathalyzers

The truth about defective breathalyzers

Right now the police in British Columbia are busily working to replace the Alco-Sensor IV Approved Screening Devices (roadside breathalyzers) with a new-to-them model. We take some credit for the move. We've identified catastrophic problems with the old Alco-Sensor IV DWF breathalyzers used in BC and they're hoping to replace them before the you-know-what hits the fan. We have evidence that supports our assertions that thousands of people have been wrongly given IRPs on the basis of ASDs with a design/manufacturing flaw. A significant number of the ASDs that were in use in the last 4.5 years in BC were...

Continue reading

Vigilante Justice

Vigilante Justice

One thing we know as criminal lawyers defending DUI cases is that emotions can run high particularly where there is a death or an injury. Even some of the comments we receive on our Facebook page cause us concern about the attitude of some people toward drinking drivers. Blame MADD or the police. The vilification of people charged with DUI has reached a dangerous level. It is this type of emotion and public disgrace for these types of offences that can trigger vigilante justice. It is rare, often because most Canadians seem to have faith in the justice system, and that...

Continue reading