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Decisive action on the interlock and RDP

Torpedo on the water: interlock and RDP remedil requirements are about to be destroyed

We've been working very hard this week because now is the critical time to take decisive action on the interlock and RDP requirements that follow a 90-day Immediate Roadside Prohibition. You can read the previous posts to see what got us to where we are. Simply put, the Office of the Superintendent of Motor Vehicles took the position when the IRP scheme was introduced that if you were issued a 90-day IRP, the Responsible Driver Program (RDP) and interlock were mandatory. Of course, that's not what the law said and not what our provincial politicians voted on when the IRP law...

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Lifting the interlock requirement

Lifting the interlock requirement

We have been incredibly busy since the news last week about the Ignition Interlock and Responsible Driver Programs. We have been receiving hundreds of calls and emails. Many people are calling to share their stories, to thank us, or to ask whether we can help them. We wish we had time to talk to everyone but unfortunately there just aren’t enough hours in the day. So we send out our apologies if we have been slow getting back to you. Many who are calling us have been wondering if they too might be exempted from the Ignition Interlock and Responsible Driver Program...

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The most important tidbit from the IRP news

The OSMV now sees the light and we hope they will abide by the law

Chances are if you're reading our blog today then you've been following the news in the last few weeks. Everything has been pretty well explained in previous posts, but there is one important tidbit from the IRP news stories that you may have missed. The OSMV appears to have capitulated. In an article in the Canadian Press the deputy Superintendent of Motor Vehicles is quoted: Melvin said her office considers the driver’s five-year driving record before making a decision to refer the person to a remedial program. She said her office is also open to hearing submissions from the motorists. Read more: http://www.vancouversun.com This...

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IRP victims in Port Moody

Paul Doroshenko Vancouver's best dui lawyer

The Port Moody police issued a news release Thursday listing the number of people who they think were wrongfully given IRPs due to their calibration screw up. In damage control, they excluded the people who received IRPs from the period September 20, 2010 to December 31, 2010. In other words, their news release says that they only considered people from 2011. The IRP victims from 2010 will never be exonerated apparently. Regular readers of our blog know that we've covered this story many times. After all, we're the ones who cracked the secret code and revealed it. We're the ones who...

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Vancouver IRP? It should be revoked

Police issued driving prohibitions based on bad evidence in Vancouver

If you have been following the IRP news on our blog or watching the news in the last week, you may have heard about the Vancouver IRP issue. There’s been a lot of talk about how we discovered that the Vancouver Police Department was improperly preparing their evidence in IRP cases. Despite the fact that the OSMV has been aware of the issue since September, and despite the fact that 35% of IRPs challenged in November were revoked as a result of this issue, it is apparent that the Government has no plans to conduct a review of all IRPs issued...

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Refusal to Blow and your IRP

Refusal to Blow and your IRP

Recently the BC Supreme Court released another decision concerning Immediate Roadside Prohibitions and the OSMV Tribunal, Ema v. British Columbia (Superintendent of Motor Vehicles) 2013 BCSC 47. In that refusal to blow case, the officer indicated he detected an odour of liquor on Mr. Ema’s breath. Mr. Ema argued at the original hearing that he did not have an odour of liquor on his breath and that the officer must have been mistaken. Not surprisingly, he lost. The tribunal concluded that: “The officer noted an odour of liquor on your breath. Even if he was mistaken as to what the odour was,...

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Vancouver photocopy debacle: IRPs issued on photocopied evidence

DUI and IRP expert Paul Doroshenko shows the evidence is unreliable

In early September 2012 we were reviewing disclosure in a client's Immediate Roadside Prohibition (IRP) case issued in Vancouver and we noticed that something was a little funky. Now, we are aware that the ASDs in Vancouver have a long history of being improperly calibrated and of having serious reliability problems. So we generally look at evidence from Vancouver with greater scrutiny. What we noticed was that the Certificates of Qualified ASD Calibrator provided in this one particular case were identical, with the exception of the serial number and service expiry date of each device. Although the Certificates purported to contain...

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RDP and Interlock review at the OSMV

RDP and interlock reveiw at the OSMV

As we reported last week, the strong legal arguments that we presented concerning the so-called remedial requirements put the Government's back against the wall and now they are conducting an RDP and Interlock review at the OSMV for 1200 drivers who were in limbo due to Sivia. We got the ball rolling when we first learned of this group of people back in late September 2012. We put our plan into motion when six courageous British Columbians decided to take a stand and challenge the decision. These clients, who are the heroes of this story, instructed us to take this all...

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OSMV reviewing 1,200 Immediate Roadside Prohibition files

BC OSMV reviews IRP files

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 BC Government announced yesterday that the OSMV is reviewing 1,200 Immediate Roadside Prohibition files. They better get ready, because they're going to have to review a lot more than that. It’s been about two months since we started taking action for clients who were compelled to complete the remedial requirements (Interlock and Responsible Driver Program) after receiving an Immediate Roadside Prohibition...

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The Winners

We are the best lawyers for IRP defence in BC. The stats prove it

We decided in the summer of 2010 that we would take on the 90-day Immediate Roadside Prohibition scheme and that we would defend clients with IRPs despite the fact that we condemn the scheme itself. Some lawyers were so disgusted with the IRP legislation that they simply refused to accept the cases. Others were quickly discouraged when they learned that their innocent clients would end up stuck with an IRP because of a grossly flawed review process. But we decided to carry on because we knew that we would get better and better and we knew that everyone who gets...

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