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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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The prohibition on using mobile devices in BC

Prohibition on using mobile devices in BC

The Superintendent of Motor Vehicles gave an interview reported on CBC’s website where he stated that he hasn’t obtained reliable data to show that the prohibition on using mobile devices has saved any lives. He says that the law works. He just can’t prove it. It’s a reasonable statement because, like the IRP scheme, you can’t accurately identify cause and effect. There are simply too many variables at play. Of course, there is a court challenge to the IRP scheme and no court challenge to the laws prohibiting the use of mobile phones. So the Government is more than willing to give...

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Hockey! and drunk driving

Hocket drinking driving IRPs and impaired driving

Many people and businesses are celebrating the end of the hockey lockout/strike. From taxi drivers, ticket resellers, restaurant and bar owners, hospitality industry workers, the people and the companies that sell advertising, the businesses that supply all of the sports bars and restaurants and stadiums with all of their stuff -- they're all happy, and in particular the breweries because in a matter of days, people will be out watching hockey games and spending their money to buy tickets, taxis, food and beer. Lots and lots of beer. Of course, a number of folks won't take taxis. It turns out hockey...

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Clerical error and your IRP review decision

Clerical errors include the Inquisition

If you can recall the wording of your Immediate Roadside Prohibition review decision, and you remember the phrase "clerical error" or some such dismissive comment used by the OSMV tribunal to suggest that a police officer simply made a mistake when completing his or her evidence, you may want to pull that decision out and read it in light of the Modhgill decision. In Modhgill the calibration expiry date was so far down the road that you could not say that the ASD was being properly calibrated. The service expiry date may have been correct or it may have been inadvertently...

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IRP Appeal Update

We hope for justice

As most of our readers know, the first version of the 90-day IRP scheme for blowing Fail on an ASD was found unconstitutional by the BC Supreme Court. Despite that, the Court gave no remedy to all of the people who received these unconstitutional driving prohibitions. There were lots of issues, and neither the Government nor the Petitioners were satisfied with the BC Supreme Court ruling. So both sides appealed the ruling, and now it's going to the BC Court of Appeal. The expectation was that the IRP appeal would be heard in February. Now it is scheduled to proceed in March...

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The Missing Women’s Inquiry

Police failures

On December 17, 2012, the Honorable Mr. Wally Oppal released the long-awaited report in the Missing Women’s Inquiry. This Report came after months of testimony from police officers, Crown-Counsel prosecutors, sex trade workers and the families of missing and murdered women. Just shy of 1,500 pages, in six separate volumes, the Report into the Missing Women’s Inquiry is a significant document recording the findings of the inquiry. The findings are disturbing, as you might expect. In his report, Mr. Oppal makes sixty-two recommendations. These recommendations range in scope from the establishment of a compensation fund for children of missing or murdered women...

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Tragic deaths

Tragic deaths

The news of the shooting in Connecticut should at the very least provide perspective for all of us when we think of our family, friends and the people we care for. In the last few days most of us have turned our minds to just how much we care about the people around us. It may be a natural human tendency to hope that something good that can come from a tragedy. In this case the loss and suffering are so great. There is nothing that can relieve the lifetime of pain for these families. We grieve along with them. Also...

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