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Our challenge to the Interlock and RDP requirements

Freeing you of the Interlock

If you've followed the news and our blog, you know that our challenge to the ignition interlock and RDP requirements led to 1137 people being freed so far. The remedial requirements are discretionary according to the Motor Vehicle Act, the decisions of the ICBC OSMV tribunal and the deputy Superintendent. But the Office of the Superintendent of Motor Vehicles ordered everyone since September 20, 2010, to go through these so-called remedial programs. We think that either the Government wrote the law this way to try and deceive the Court when it came to argue Sivia, or the OSMV was going rogue,...

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The public mood has shifted on IRPs

The public mood has shifted on IRPs

As our regular readers know, over a couple of years our blog has become the source for news on Immediate Roadside Prohibitions (IRPs). As far as we're concerned, the current drunk driving laws in BC mark a low point in our history. We have sacrificed fairness for expedience. Many innocent people have had their lives ruined by being wrongly issued a 90-day IRP. The Government seems bent on trying to turn alleged drunk drivers into a source of revenue for both the Government and their co-conspirators. It's an ugly situation. All of us in our law office recognized early on that...

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Who makes all the money from the RDP and interlock?

Who makes the money from the RDP and interlock?

Reporters and clients often ask us who makes all the money from the RDP and interlock, and the answer is that we don't know. The IRP scheme brings in money to the Government and the tow truck companies are making huge profits. Of course, the Government also makes money on the HST for these "services." But it's the Responsible Driver Program and the ignition interlock that most concerns us. The reason is that these are sole-source providers granted their privileged position by the Superintendent of Motor Vehicles. The numbers are off the charts. At roughly $900 per person, assuming everyone went...

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IRP news and editorials from major newspapers

The IRP news immediate Roadside Prohibition resource

Toward the end of last week, while we were busy trying to lift the interlock requirement for as many people as possible, the Vancouver Sun published an article with particularly interesting IRP news. Ian Mulgrew managed to interview the former B.C. Solicitor General John van Dongen, and elicit his opinions on the IRP scheme. He was a member of the BC Liberal cabinet when the Immediate Roadside Prohibition legislation was introduced. Van Dongen is an interesting guy. But really interesting to us is the enlightened observations he made about the IRP scheme when it was first discussed in cabinet. This is...

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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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