Vancouver Criminal Law

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Pound of flesh

Justice is fickle, fleeting and sometimes you don't get any

Yes, the scheme was unlawful. Yes, the Government admitted it was faulty. Yes, there was no opportunity for a substantive review (and still isn't). But the Court ruled that, despite the law having been unlawful, everyone is punished nevertheless. And now the Government is going to want its pound of flesh. Although an appeal is in the works, we expect to receive letters this week from the OSMV and the Attorney General telling us that their intention is to re-prohibit many people from driving and force payment of the fines, for the Interlock, etc. The Government wants your money. What is the...

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No meaningful review yet no remedy

No remedy given by the court. No justice for the people affected.

On July 12 (yesterday) the Court ruled that despite the earlier finding that the first version of the IRP law for Fail could not stand, that decision would not provide any relief to people who received their IRP before November 30, 2011. The BC Supreme Court will permit no remedy for the violation of your Charter rights. Bearing in mind the very long time that it took to get the November 30, 2011 ruling, it seems very unfair to us. Simply put, if the Court had issued the ruling in July 2011, thousands of people would not have been punished under...

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When you thought it might be over

The judge ruled today that despite the law being a violation of the Charter such that you could not have a meaningful review, there is no remedy. The Court said: Because the declaration of invalidity is prospective, the petitioners are not entitled to the monetary and personal remedies that they seek as the law was valid at the time it applied to the petitioners and that is an answer to the petitioners’ damages claims and claims for return of monies and other expenses. You can read the decision here. We are considering what this means for our clients bearing in mind that a...

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Decision Thursday July 12

The lawyers who argued the remedy arguments in Sivia were contacted today and informed that the decision will be posted on the BC Supreme Court website at 10:30 Thursday, July 12. We've been asked to speculate. One thing seems likely -- the decision will probably be appealed. For the court this is an issue of law. For the Government it is a matter of political survival. For those who suffered under the old 90-day IRP scheme for Fail, this may end up being another unnecessary hurdle. We will post an update with a link to the decision tomorrow morning and further updates...

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Held up by the Interlock

If you received a 90-day IRP for blowing Fail any time between September 20, 2010 and November 30, 2011, and you're still without your license because you're being held up by the Interlock requirement, give us a call. We can get the Interlock requirement suspended quickly. We stopped doing it for a while for clients because we expected a decision from the Court before the end of June on the constitutional challenge. That date has come and gone without a decision. Now the Government seems to believe that this could take until the end of November. So, should you wait? No...

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Drinking and driving is up

drinking and driving is up in Vancouver Criminal Lawyer Paul Doroshenko fights DUI and IRP

The Vancouver police announced Monday that drinking and driving is up -- over the weekend the number of people issued Immediate Roadside Prohibitions was much greater than last year. We note that the Government claims drinking and driving was down significantly in 2011. We also note that the weather was terrible in the most heavily populated regions of British Columbia at this time last year, and in fact 2011 was the year without a summer. So we think it has more to do with the weather than anything. And as we've noted before, drinking and driving numbers decline whenever there are newsworthy...

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Approved Screening Devices in Vancouver

Through Freedom of Information requests we have obtained records for most of the Approved Screening Devices in Vancouver used by the Vancouver Police Department. Many of the ASDs have a history of providing inaccurate results when tested for calibration. Some have a history of major malfunctions. Some have been sent for repair on more than one occasion and then continued to malfunction upon their return. If you have received an Immediate Roadside Prohibition in Vancouver, you should call us so we can investigate the defences in your case. We now have a database of Approved Screening Device records that we can use...

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The Best Criminal Lawyer according to the statistics

The Straight.com is running its Best of Vancouver online survey right now and a number of lawyers are looking for votes as The Best Criminal Lawyer. A week back we asked you to consider voting for Paul because of the work we’ve done over the last 20 months challenging the grossly unfair Immediate Roadside Prohibition scheme. At our office we decided that we would take on the task of exposing the IRP scheme for what it is. We still have a long way to go, but we’re not slowing down. In fact, as far as IRPs are concerned, we’re just...

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We have no decision, you have no license

With the much-rumored June 30th decision date passing us by without a decision, we know that there are still hundreds of people out there who are wondering what remedy they can expect from the Court. Among these people are those who were issued an IRP and who did not, after serving their 90-day prohibition, enroll in the Responsible Driver Program or have the Ignition Interlock installed in their vehicles. There are also hundreds of people who have paid for the Interlock but who have not completed the minimum one-year term with the device in their vehicles. We have no decision We are able...

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