Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Kelowna: 250 860 2766
Fort McMurray: 780 750 7588

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

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,...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

Class action update

Class action update

In the closing weeks of April we announced that we were starting an action along with  Erik Magraken, a smart civil lawyer in Victoria, that we hope can ultimately be made a class action for people who were wrongly sent to the IIP and RDP. We feel strongly that the people wrongly referred to these programs deserve compensation. We got the matter rolling in a matter of days and now it's before the court to sort out various matters that come about early in this sort of litigation. We're just getting started down a long road. Every few days we...

Continue reading

I got a letter saying I need to enroll in the RDP program!

Remedial Programs

Every day right now we receive dozens of phone calls and emails saying: I got a letter saying I need to enroll in the RDP program. I've been driving for two months already since my IRP ended. My finances are in a bad state indeed and I simply can't do this RDP thingy, whatever the hell is it. What are they doing? I have a perfect driving record (aside from the IRP or ADP). Is this some cruel joke? We know. You may want to blame us for the fact that the letter is coming to you now. The fact is that...

Continue reading

What’s happening with the interlock and RDP?

East German MIG at a cold war bunker

Many people want to know what's happening with the interlock and RDP now that the Government backed down from automatically forcing drivers through these programs. Of course, we love to keep all of our readers as up to date as possible. The problem is we would rather wait until we know the facts before we go and post some update. And sometimes it's harder to explain than you would imagine. But our devoted blog followers deserve to know, so here it is: What's happening with the interlock and RDP? As we recently explained, if you received an IRP for Fail before November...

Continue reading