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Imperfect police

The police make mistakes

We are often stunned by the disclosure we obtain from Freedom of Information requests. We find horrible things like police concocting evidence to substantiate IRPs, Government employees doing things absolutely contrary to the law and almost every day we see evidence of incompetency across the board. Lawyers like ourselves who are in court practically every day become accustomed to police incompetence. We're not intolerant. We expect imperfect police officers because nobody is perfect. We're humans too. There are some really wonderful police officers in BC. Unfortunately, there are also some really imperfect police officers out there and every day there are...

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The first IRP case at the Supreme Court of Canada

Supreme Court of Canada

On Thursday, January 23, 2014, the decision was rendered in the first IRP case at the Supreme Court of Canada. We're celebrating the decision and the quality of our work and contribution to the case. Followers of our blog may recall that back in August 2013, the BC Court of Appeal confirmed an earlier decision regarding the requirement of the police to submit a sworn report in connection with an IRP. Of course, the first version of the IRP scheme was found unconstitutional with respect to Fail IRPs. The second version was introduced to address the Charter violations of the first...

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How to Prove You’re Innocent

Prove you're innocent

When it comes to Immediate Roadside Driving Prohibitions it can be impossible to prove you're innocent. Although the case law says that the burden of proving the allegation is the job of the police, the Government continues to contest this, claiming it's an undecided legal issue every time they get to court. And in actual practice at the hearings before the OSMV tribunal you must prove your innocence. It's a sad state of affairs, but that's simply the way it in in BC right now, and we think that things will only get worse in the decades to come. Mostly it's...

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Questions about DUI cases in BC and Criminal Charges

Questions about your DUI?

We get calls from nice people from all around the province to ask about DUI cases in BC, Immediate Roadside Prohibitions and criminal charges. Many people are well versed because they've read our site and visited our FAQ pages. As lawyers, and particularly as the leading IRP defence firm, we do our best to answer the questions most people have here on our blog and on our site. From time to time we sit down to discuss whether the questions are changing that people typically ask when they call us. We notice trends. For example, recently the changes to the Remedial...

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Expect an IRP storm

media IRP storm

The BC Court of Appeal decision on the first version of the IRP scheme is going to come any day. At least, that's the consensus among the very few lawyers with expertise in this area of the law. The media will be all over the story when it comes out and so we expect an IRP storm to follow. On Wednesday we finally got the court time to argue the applicability of the Wilson ruling to 90-day IRPs. We've been trying for months to get this argument heard. As you probably know if you're a regular reader of our blog, the...

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What are we waiting for?

Waiting?

At this moment in time we are counsel on perhaps hundreds of petitions or appeals of IRP decisions in BC Supreme Court. We've actually lost count of the number of IRP decisions we've appealed, but the files fill a few filing cabinets. At the same time we're working with other law firms on the proposed class-action suit, an application for leave to appeal to the Supreme Court of Canada and law suits in specific cases where we can demonstrate without a doubt that the police acted far outside of their lawful authority in connection to an Immediate Roadside Prohibition. We...

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How much can you drink and drive?

Can you drink and drive?

Recently we've taken note of some articles and musings on the internet suggesting that there is no "safe" amount of alcohol in your body if you are driving. That's complete rubbish. It is not an offence in Canadian law, nor is it unsafe to have a small amount of alcohol in your body while driving a car. What is a "safe" amount of alcohol is different from person to person. A lawful blood-alcohol concentration in British Columbia is 49 mg of alcohol in 100 ml of blood or less. A "safe" blood-alcohol concentration is an issue of whether you are impaired...

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Magical IRP defences

Magical IRP defences

Just before Christmas, we had two people call us hoping to glean our magical IRP defences to deal with their 90-day Immediate Roadside Prohibitions. In one case, the individual had concocted an argument that was guaranteed to lose. She hired us to take over when she realized that she was in over her head. In the other case, the individual decided to deal with his IRP as DIY. As we've said before, an IRP isn't a DIY. In some respects, an IRP is a DUI, but that's another issue entirely. The client who hired us was lucky because she hadn't done any...

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Do the Mounties always get their man?

Mounties

Some old Hollywood films popularized the phrase that the Mounties always get their man. It's a useful fiction for the RCMP because it suggests that if you commit a crime they're gonna find you, so don't bother committing a crime. In other words, it serves as general deterrence - deterring people from committing crimes. But of course, the Mounties don't always get their man. And sometimes the Mounties are the victims of crime. We get thousands of pages of IRP disclosure every year from Freedom of Information requests that we make to police forces around British Columbia. After all, we need keep...

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Lost DUI knowledge of the ancients

Lost DUI knowledge

If we didn't have the ability to communicate with language, humans would probably be struggling along, like all of the other animals of this world, making grunting sounds and living in trees. Thank goodness for language. And then there's the ability to record our thoughts and ideas and pass this information to later generations in written form. There are significant consequences to this. One is that most of us come to terms with the fact that our profound insights aren't really profound because someone living on the edge of the Mediterranean thought the same thing 2500 years ago. Another is that,...

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