Vancouver Criminal Law

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If you still have an interlock

If you still have an interlock

We're working hard to put everything together for the class action. The BC Government wrongly referred a great number of people to complete so-called remedial programs, i.e. get an interlock and go through the RDP. We believe that the Government's wrong and the damage it caused can be remedied by way of a class-action lawsuit. Still, there are many hurdles. And the Government will do everything it can to try and defeat the case. We are trying to think down the road to arguments that the Government will advance. The main argument that we have already decoded is that they intend...

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Interlock class action

Interlock class action

We can confirm that we intend to proceed with an interlock class action lawsuit. For over a year we have been collecting the evidence and doing the legal work necessary to begin an action against the BC Government for people who were wrongly forced to have an interlock and go through the Responsible Driver Program. The Government has acknowledged that they were not following the law. There was no review process and the two programs, IIP and RDP, were made mandatory. We intend to begin three separate lawsuits to deal with the three groups or classes of plaintiffs. We have a...

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It’s official: we can have the interlock requirement lifted

Have the interlock requirement lifted

This is the day you've waited for. It's official - there is now a procedure to dispute the interlock requirement for 90-day IRP and ADP driving prohibitions. Over the years we fielded so many calls from people asking whether they can have the interlock requirement lifted. The Office of the Superintendent of Motor Vehicles said it was mandatory, they made it automatic and they created no review process. But that's not what the law says. For years the OSMV made their own rules with respect to the Interlock and RDP. We challenged this and now they've made an about face. Late...

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We win (Updated)

We win

The government announced that they are giving up. They will no longer force everyone to go through the IIP and RDP if they receive a 90-day IRP. They will review old cases with a new review process. They won't force people to pay all of that money if it's not justified. We win. We're gleeful. So much so that we haven't had time to think of the implications. We designed a review process for our clients and the OSMV seems to have adopted the process that we've thrust upon them for the last few months. We have to give credit to the...

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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...

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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...

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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...

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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...

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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...

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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...

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