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What about our rights?

What about our rights?

Good Canadians suffered, fought and died for our country and to protect us from living under governments that rule by force rather than accepting the rule of law. We admire their heroism and we are thankful for their sacrifice. And so we find it very offensive that our governments are simply derisive of our rights. In BC the Government has casually taken away our rights. What foreign armies were unable to do on the battlefield, a few zealots in the BC Government were able to take away with a few clicks of a mouse. This is a dark time in...

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Behind the scenes in IRP appeals

behind the scenes in IRP appeals

There's been a lot happening in the last few weeks, particularly behind the scenes in IRP appeals now before the court. Although we try to keep everyone updated here on our blog, our workload has jumped tremendously since the Wilson, Buhr and Murray decisions were released. Consequently, we've been working on client files and neglecting the blog. We'll try to rectify that while still doing great work for our clients. As for the behind the scenes in IRP appeals, as we reported some time ago the OSMV has simply ignored the Wilson decision. Somehow we're still shocked that people who work...

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Misinformation from ICBC

Misinformation from ICBC about your IRP

Many of our clients come to us with questions about information they have been told by agents at the ICBC Driver Services Centres regarding their Immediate Roadside Prohibitions. What we’ve noticed is a deeply disturbing pattern of incorrect, inaccurate, and misleading information provided to people who are interested in defending their IRPs. Unfortunately, misinformation from ICBC is very common. The purpose of this blog post is to correct that misinformation. Limitation Periods: One of the main complaints we receive from clients – often those who have missed the 7-day timeline to file for review of their IRP – is that they were...

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What is fair?

The Government isn't fair. They can be jerks.

Of course we have many concerns about the Immediate Roadside Prohibition law but to us it boils down to one overarching issue and that is that the IRP scheme is unfair. As lawyers we always strive for fairness. It's something that most people generally aspire to from childhood. If you ask young children what is fair, they usually have well-developed ideas about it. One of our particular concerns with the IRP scheme is that the process starts with a lie. The police officer who makes the demand for the ASD sample says that it's a demand pursuant to a Criminal Code...

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IRP defences that don’t work

Defences that don't work

Speaking at a conference a few weeks ago we laid out 27 of the IRP defences that don't work which should work if the system were fair. Of course, when it comes to Immediate Roadside Prohibitions, fairness has nothing to do with it. Many people are guilty, a significant number are innocent and the review procedure is faulty such that the innocent can't be identified (see: Spencer). And of course, you're punished long before you get a chance to make your case in the hearing, which, as we have said before, is a faulty review process (see: Spencer). Our editorial...

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How to beat a DUI in BC

How to beat a DUI in BC

In casual conversation one thing we're often asked is how to beat a DUI. It's a funny question because what we're really being asked is how to drink and drive without facing the law. We know all about the legal schemes to catch DUI drivers in BC, and surprising even to us is that we can predict fairly well where the roadblocks will be located on any given night. And as best as possible, we could actually tell you how to beat a DUI in BC if your plan was to set out to drink and drive. The thing is, as...

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Tribunal with unsound methods

Tribunal with unsound methods

As we've explained before, and was clearly stated in the Spencer decision, the OSMV tribunal lacks many of the fact-finding features necessary to make reliable decisions when reviewing an IRP driving prohibition. The legislation prohibits cross examination of the officer. The OSMV tribunal made the decision, without anything in Motor Vehicle Act to back it up, to limit review hearings to 30 minutes. Lawyers are refused any request for disclosure beyond that which the Government wants to hand over. The evidence of the police is, almost without exception, accepted without question and the evidence of the applicant is often parsed...

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Talking about Immediate Roadside Prohibitions

Talking about immediate roadside prohibitions

Ever since the BC Government completely revamped the DUI laws in our province by introducing roadside punishment, people have not stopped talking about immediate roadside prohibitions. Wherever we go in every corner of the province, people want to talk about what happens when you get an IRP, what are the true consequences (not what the Government tells everybody) and what are the defences to this type of DUI. There are a number of reasons why this has remained a hot topic: Many people have received IRPs The numbers are staggering. The average appears to be in excess of 15,000 people per year...

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Missing Certificate

Like a 3-leg chair the missing certificate in a DUI case in BC

The BC Supreme Court has rendered a decision in Longstaff v. British Columbia (Superintendent of Motor Vehicles) changing the way Administrative Driving Prohibitions DUI cases are going to be addressed by the OSMV tribunal, particularly with respect to missing certificate cases. An ADP is different from an IRP, but has many of the similar consequences. See: Different Types of DUIs and Driving Prohibitions in BC. Many years ago it was a defence to an ADP to say that no Certificate of Qualified Technician showing the breathalyzer readings was been provided, when the ADP Report to Superintendent indicated the Certificate was included...

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Crumbling IRP scheme – another big BC Supreme Court decision

Crumbling IRP Scheme

The BC Supreme Court released an important decision last week in an IRP appeal hearing. This decision opens the door for defences to IRPs that should have worked from the beginning. The decision is located here: Wilson v. British Columbia (Superintendent of Motor Vehicles) 2013 BCSC 1638. This is another example of the crumbling IRP scheme that we've discussed before. The Motor Vehicle Act specifically states that, in order to issue an Immediate Roadside Prohibition, a peace officer must make a demand under the Criminal Code for a breath sample, the result must be either a Warn or a Fail,...

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