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How tenable is the IRP scheme?

The IRP defences that are now available are starting to reveal that the IRP scheme itself is not tenable

Times have changed and a prediction that we made last year is quickly coming true. Many of our regular readers have asked, how tenable is the IRP scheme? We suggested that the IRP scheme might not fall away in dramatic fashion with a big court case. Instead, we suggested, by chipping it away we could make it crumble. It will collapse, we suggested, when the number of people succeeding on review of their IRP becomes so significant that it is then readily obvious that the scheme has failed. You'll recall that news stories in August 2013 spoke of 20% of people...

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When breathalyzers fail

When breathalyzers fail

No machine or device is infallible. Apple spends billions on the development of the their devices. Nevertheless, iPhones still screw up from time to time. If your iPhone freezes up while you're playing Plants vs. Zombies it's not the end of the world. But what happens when breathalyzers fail? The results are typically catastrophic. We know that breathalyzers fail -- we've got hundreds of pages of internal police documents showing catastrophic failures of Alco-Sensor IV DWF breathalyzers. And we've revealed some of the more disturbing problems to the media, such as the ASD in Abbotsford that apparently just gave Fail readings....

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The Government should follow the law

The government should follow the law and not ignore the law.

You don't need a lawyer to tell you that the Government should follow the law. It's common sense. Unfortunately it's not necessarily the practice of the tribunal at the Superintendent of Motor Vehicles office over in Victoria. They've taken a lot of flack recently in BC Supreme Court decisions, which we think was well deserved. We don't really see any change in the practices yet. In the Kenyon decision the Court was very critical of the tribunal because in the IRP review decisions they always claim that they are abiding by the Spencer case but the reasoning always indicates that they...

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It’s official: We can have the Responsible Driver Program requirement lifted

Would you rather you spend your money on the Responsible Driver Program or a day at the spa?

Back in August we announced a change of policy. We decided that we would accept clients who wanted us to write to the Superintendent of Motor Vehicles to demand a review of the RDP (Responsible Driver Program) and IIP (Interlock) requirement. We agreed to take on cases for reconsideration of a referral to remedial programs under the new procedure. You can find that post here: There's been a change of policy This policy change was ours. After forcing policy change after policy change on the Office of the Superintendent of Motor Vehicles, we decided that we won't back down after having accomplished...

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What you need to know about the Court of Appeal’s decision

News on the IRP decision at the Court of Appeal

Today the BC Court of Appeal released a decision in Sivia v. the Superintendent of Motor Vehicles. This was a challenge to the first version of the Immediate Roadside Prohibition law with respect to 90-day IRPs. Here's what you need to know about the Court of Appeal's decision: The Court of Appeal confirmed the BC Supreme Court ruling that the law violates s. 8 of the Charter of Rights. It further confirmed that this violation is such that the law could not be redeemed and therefore the first version of the IRP scheme is unconstitutional and invalid. The challenge to the law...

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BC Court of Appeal decision in Sivia

BC Court of Appeal in Sivia

The BC Court of Appeal decision in Sivia v. the Superintendent of Motor Vehicles has now been released. You'll find the appeal decision here. We're going over it and thinking about the implications right now. If you bet all your marbles on this case, expect disappointment. But don't despair because as we've pointed out time and again, other avenues are opening to challenge your IRP. We're sorry to say that this is what we expected. Although the first version of the IRP scheme was and remains constitutionally invalid, the appeal court has gone no further. Of course, there is still a good chance...

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Lawyers who speak out

We are lawyers who speak out

At Acumen Law Corporation we’re lawyers who take a stand. We feel that lawyers have an obligation to be engaged in important debates about the law in our society, that lawyers should be prepared to explain the legal system to the public and to defend the process of our courts. Lawyers in general have become an almost non-existent voice in politics over the past decade. In our mind this bodes poorly for our society. For reasons that are too numerous to mention, lawyers have censored themselves and we think that’s wrong.[pullquote]The lawyers in our office are willing to speak out...

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Your BC driver’s license back lickety-split

The window of escape is now

Since the Richardson decision came out, we've been going through old cases and filing Petitions to appeal IRPs that should have been revoked by the OSMV at the original hearing. The good news is that if you're currently prohibited from driving, we're going to get your BC driver's license back to you lickety-split. The reason is that we're filing the appeals quickly, serving them at something close to light speed, and the consent orders for the first batch are on their way. That means it's only a matter of days until our clients are back on the road. This applies to...

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Now is the time to appeal your IRP review decision

Time to appeal your IRP

As we explained in the last blog post, many people who disputed an Immediate Roadside Prohibition and lost at the tribunal level are now in a good position to succeed because of recent BC Supreme Court rulings. Now is the time to appeal your IRP review decision because the rulings will apply to many, perhaps most, of the decisions made by the OSMV going as far back as 2010. If you're successful, it means the IRP comes off your record and the BC Government will write you a cheque. Here's how we're doing it: Getting started: How we appeal your IRP...

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What this big IRP Court decision means to you

Happy about the Big IRP Court decision

The court decision from last Friday was the really big IRP news that we'd been waiting for since last summer. We think it's the most important Supreme Court IRP decision so far because it has the greatest chance of relieving the greatest number of people from their IRP. Now it's time to explain what this big IRP court decision means to you. In the Wilson case, the court ruled that in order for an officer to issue a "Warn" IRP, (i.e. 3, 7 or 30 days on the basis of a "Warn" blow on an ASD) the officer had to have...

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