Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Nanaimo: 250 754 9558
Kelowna: 250 860 2766
Kamloops: 250 372 3448
Fort McMurray: 780 750 7588
Prince George: 250 564 8835

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

Did you win the IRP lottery?

Win the IRP lottery

The new Superintendent of Motor Vehicles is now writing letters telling people how much money they can get back for being wrongly referred to the IIP (Interlock) and RDP. So far this applies to the people in the 1137. Did you win the IRP lottery? If you already received one of these letters, you might feel that way right now. Feel free to send us a quick thank-you card. It was our efforts and the courage of our clients (the real heroes) that got us to where we are. Right now 1137 people are back on the road without an interlock...

Continue reading

The steps to get rid of the interlock

Steps to get rid of the interlock

Because of our challenge regarding the interlock requirement of 90-day Immediate Roadside Prohibitions, many drivers who receive IRPs are no longer being required to have an interlock installed in their vehicle. As of a date that has not been publicly acknowledged, the OSMV stopped automatically forcing everyone through the IIP and RDP. Now, when you get an 90-day IRP, you can't know whether or not you will be compelled to go through these programs. Clearly this is unfair to everyone who received an IRP prior to the date they stopped automatically forcing everyone through these programs. So what do you...

Continue reading

Interlock and RDP are now a mess

Interlock and RDP are now a mess

Although the BC Government has claimed from the start that the Ignition Interlock Program (IIP) and the Responsible Driver Program (RDP) are mandatory for everyone who gets a 90-day IRP, the Motor Vehicle Act merely compels the Superintendent of Motor Vehicles to review the driving record to determine if either or both of these programs are necessary or appropriate under the circumstances. When we questioned the position of the Office of the Superintendent of Motor Vehicles and then applied for court orders to compel a review of our client's diving records, the OSMV backed down. In each case so far they...

Continue reading

Success in lifting the Interlock and RDP for 90-day IRPs

Success in lifting the interlock

There is a much more updated post on this topic dealing with the reconsideration for referral to the responsible driver program and the success we've had in this regard. Please see: We can have the responsible driver program requirement lifted The big news is that we have now had success in lifting the interlock and RDP requirements for clients who received 90-day IRPs. This is the news so many have been waiting for. It's been our view all along that the so-called remedial requirements of an IRP, i.e. the interlock for at least a year and the Responsible Driver Program, were not...

Continue reading

Steve Martin has quit

Steve Martin has quit his job as the Superintendent of Motor Vehicles

This is big news if you follow the twists and turns of the IRP story. Steve Martin has quit his job as the Superintendent of Motor Vehicles. With only weeks to go before the provincial election, Mr. Martin quit last Tuesday and accepted another position in the Government. We only confirmed this for ourselves a few moments ago when it was reported in the Vancouver Sun. As a career move it was probably a good time for him to quit. The NDP could win the upcoming election and we know that a number of NDP candidates share our view of the IRP...

Continue reading

IRP appeals now before the courts

IRP Appeal Files

There are three important IRP appeals now winding their way through the courts that have the prospect of changing the Immediate Roadside Prohibition scheme in a significant manner. Last week the BC Court of Appeal heard arguments on one of the appeals dealing with the IRP scheme as it was used in BC between September 20, 2010 and November 30, 2011. We posted some updates about this last week and we noticed that many people were confused about which appeal was actually being heard. It's understandable that people would be confused. We've been dealing with the IRP scheme since it was...

Continue reading

Predictions on the IRP appeal

IRP appeal

In our office we've made our predictions on the IRP appeal. We have ideas on what we think should happen, and what we think will happen. We were surprised when the lawyers opposing the IRP scheme abandoned some arguments. Nevertheless, we've made our predictions and now we've stopped taking bets. The IRP appeal is underway. We have a good track record on predicting the future. Still, we're keeping our predictions in sealed envelopes in a safe buried 30 meters under our office. There's no point now in trying to guess what the decision will be. And one way or another, it...

Continue reading

The IRP appeal has been adjourned – UPDATED

IRP appeal adjourned

(UPDATE) Apparently there was an issue with respect to who was a party to the litigation and which lawyers could make submissions on the appeal. One of the litigants has died and another decided against proceeding. So the issue was who should be there to make submissions. We have now been told that the matter is set to proceed on Tuesday March 19, 2013.   As we indicated in our earlier post, there are so many legal issues in the IRP scheme (go back and read our blog for details) that it's a mess to sort out. The appeal of the scheme was set...

Continue reading

The IRP appeal

The IRP appeal

It's a bad system to be punishing people on the basis of roadside breath testers. That's the message that we've been trying to get out ever since the Immediate Roadside Prohibition / IRP scheme was introduced. Last week it hit the newspapers that a huge number of the IRPs that were revoked in December 2012 were in fact revoked due to unreliable breath samples. We can take the credit for this. Most of the review decisions simply say that "I am not satisfied that the ASD used in your case was reliable." In many cases the lawyer or person who succeeded...

Continue reading

News on the IRP front

News on the IRP front

We have been unusually busy in our office for the last few weeks and consequently there have been fewer blog posts. Sorry about that. Thanks for sticking with us. There have been a number of interesting developments concerning Immediate Roadside Prohibitions in the last week. First, about the interlock: Interlock and "Remedial" Programs: As expected the OSMV hasn't responded to requests to reconsider the original automatic referral to the so-called remedial programs, i.e. interlock and Responsible Driver Program, for people who received 90-day IRPs. So today we are filing the first of a number of Petitions for mandamus orders to compel the OSMV...

Continue reading