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Notice to our clients who have temporary drivers licenses

IF YOU HAVE a temporary drivers license that will expire on June 30 and we filed a Petition in court to put off the prohibition, we need you to contact our office immediately. The Court has not rendered a decision concerning the remedy in Sivia. We expect a decision right away, but we still don't know how the court will rule. And in any event, if we filed a Petition in BC Supreme Court to get your license back, the order expires this week and your license will be cancelled if we do not file a new order for you. So we...

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Expect a decision

A number of people are contacting us about their temporary drivers licenses that were issued because their IRP is either still in dispute, or a court order has stayed the prohibition. The temporary driver's licenses expire at the end of this month. Knowing the work that must be done to further extend the licenses, we are taking steps to do this for our clients if it becomes necessary. However, you should know that we don't think that this will be necessary because we expect a decision any day. Judgments of the court may be issued a number of ways, including by simply...

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Temporary license under the old IRP scheme

If you have a temporary license under the old IRP scheme chances are that it expires at the end of June. Many people received a 90-day IRP for alleged Fail, and due to the current legal limbo they have only been granted a short-term B.C. driver's license. The Sivia decision from November is under appeal, and the lawyers for the Government tell us that they do not know when the court will render a decision on what remedy will flow from the Charter violation. There are two groups of individuals who have temporary licenses. A number of people who were in...

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The new Immediate Roadside Prohibition scheme

new immediate roadside prohibition scheme sucks

On the weekend we received our first calls from people who received IRPs under the new Immediate Roadside Prohibition scheme and on Monday we finally got a look at the new forms. We've been analyzing them since. Once again, there are major flaws with the scheme and all of that talk about an expanded review process is a pile of garbage. The new material is designed to further limit arguments you can make and to hide the evidence that would help differentiate guilty individuals from those who are innocent. Instead of complying with the direction of the court, the new...

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Blow twice

Blow twice

Of course, Immediate Roadside Prohibitions are back, and clients have been asking us what to do if they find themselves in the position where they've been asked to blow. Good question. If it's a police officer asking you, and they seem to be suggesting that you blow into a roadside breathalyzer (Approved Screening Device ASD) you should always try your best to blow. The simple fact is that your blood-alcohol level may be lower than you think. It's possible that you'll blow a Warn or blow in the pass range. If you refuse you'll likely get a 90-day IRP. The defences to...

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Immediate Roadside Prohibitions for Fail come back to BC

Thumbs down because immediate roadside prohibitions for Fail are back

This is the day that Immediate Roadside Prohibitions for Fail (Fail IRPs) come back in BC. As of June 15, if you are stopped at the roadside for an impaired driving investigation, you will no longer have the right to talk to a lawyer. You will no longer see a remedy for any Charter breaches that arise during your interaction with the police. The police can demand a breath sample with no grounds at all and if you provide it and blow a Fail, there is no way to challenge the illegality of the search and seizure. If you refuse, on...

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Really not immediate roadside prohibitions

Still driving because it's really not an immediate prohibition

Many people have called us in the last two weeks wondering about the Fail 90-day Immediate Roadside Prohibitions (IRP) that were postponed until the end of June. There are two groups of individuals. The first are people who filed for a review shortly before November 30, 2011, and were notified by the OSMV that their prohibition would not come into effect until June 30, 2012. The OSMV said it would render a decision in their case before that date. As far as we're concerned, the Immediate Roadside Prohibition law is unconstitutional and these dated IRPs can't be patched up. Also, it...

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Criminal case law at IRP hearings

Criminal Case Law at IRP hearings

With Immediate Roadside Prohibitions (IRPs) coming back at the end of this week many of our clients, readers, and fellow lawyers are wondering how IRP hearings will change after the amended legislation takes effect. Our thinking is that they probably won’t change very much. When we conduct hearings before the Superintendent, we frequently rely on case law from the criminal courts with respect to the reliability and admissibility of the approved screening device (ASD) results. Under the old regime, when we argued a position using a criminal case as our precedent, the delegates at the Superintendent’s office simply dismissed our argument...

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ASDs that were not reset to give Warn at .06

Yes, we noticed it and one of our readers did too. If you look at the image of the invoice from our blog posting on June 7, 2012, you will see a unit described as having a serial number 1014890. The serial number listed is an error -- the actual unit was 101489 or 101490 (or both). But that doesn't matter so much. What matters is the service work done to this unit and the date of the invoice. When they were working on the unit the person performing the service discovered that it had not been reprogrammed to register a...

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Calibration

ASD Calibration Fail

One day a report will be released on the Port Moody ASD calibration debacle. We assume it will come on a busy news day, or a Friday so it gets little attention from the media. What astounds us is that we figured out the problem in a matter of minutes and then confirmed our findings in less than an hour. It's been over six months that you have been paying for the New Westminster Police to investigate the issue. What's up with that? We suspect that they've been going through each and every file to try and find some way to isolate...

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