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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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Back to School Special: What you should be teaching your children

Teaching your children about the police

Ah, September. The time of year when children head back to school. In the Lower Mainland of BC in particular this is a special time of year as students head back to university. And many new university students move into the Lower Mainland from around the world. It’s a special time of year. You can almost smell the alcohol fumes and poor decisions as they waft off the post-secondary campuses. But in all seriousness, the new freedom enjoyed by your children as they head off to university can also come with some problems. Everyone makes mistakes. We understand that better than...

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There’s been a change of policy

There's been a change in policy at the OSMV when it comes to the RDP and IIP

If you received a 90-day IRP or ADP in the last 8 months, you might have thought that you were very lucky for having avoided being forced through the so-called remedial programs. After all, months went by and you probably didn't receive a letter from the Office of the Superintendent telling you that you had to pay for the Responsible Drivers Program (RDP) course or get an Interlock (IIP) installed in your car. Unfortunately, there's been a change of policy. And if you're reading this, you probably know a little of what we're talking about. A really short history of the...

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What does this Superintendent’s Report kerfuffle mean to me?

The Superintendent's Report on ASD was ruled inadmissible so you should appeal your review decision

Last week we received a decision in BC Supreme Court in one of our IRP appeals in which the court ruled that the Superintendent’s Report on Approved Screening Devices is inadmissible in IRP review hearings. Since then, former clients and readers of our blog have been emailing to ask what it all means. This is the question of the week, so here we are to answer. The Superintendent’s Report is a document sent to people who applied to have a review of their Immediate Roadside Prohibition (IRP). It was produced by the Office of the Superintendent of Motor Vehicles. The...

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Appeal ruling on the breathalyzer report

Justice prevails and the OSMV can no longer use their breathalyzer report

When we put the news out on Monday concerning the appeal ruling on the breathalyzer report used by the Superintendent of Motor Vehicles, we didn't expect to cause such a stir. A few minutes after we put up our News Release and tweeted it, the hits started flooding our blog. A few hours later our server was cooked and we blew our bandwidth budget for the year. We couldn't even receive emails. Of course, Kyla is particularly pleased with the decision because it was her case and she argued it in BC Supreme Court. We're a small law office up against...

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News Release – Superintendent’s Report on ASDs is inadmissible

News Release - the IRP ASD report is inadmissible

August 12, 2013 The BC Supreme Court released a decision in an IRP appeal hearing today, ruling that the Superintendent's Report on ASDs is inadmissible in IRP review hearings. The Motor Vehicle Act specifically delineates what constitutes admissible evidence in IRP review hearings. The Motor Vehicle Act does not permit the delegate of the Superintendent, who is the adjudicator in IRP review hearings, to rely on evidence submitted by the Superintendent of Motor Vehicles. In speaking of the admissibility of the Report, the Court held: [27] In s. 215.49, however, the legislature established a different evidentiary regime concerning the matters which the Superintendent...

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Notice to Refer to Remedial Programs

ICBC and the OSMV have a plan

If you just received a Notice to Refer to Remedial Programs from the OSMV branch of the BC Ministry of Justice, then read this carefully. NOTICE UPDATED FEBRUARY 2015: Since this blog post was originally published there have been significant changes to the procedure when you receive a Notice to Refer to Remedial Programs. Please visit Remedial Programs Reconsideration for an updated explanation of the steps necessary to challenge a Notice to Refer to Remedial Programs. The notice is telling you that you have 21 days from the date on the TOP LEFT of the letter to respond to explain why you should not...

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