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OSMV Under Scrutiny

OSMV - Office of the Superintendent of Motor Vehicles

The BC Supreme Court seems to be taking an increasingly dim view of the decision making process at the OSMV. Just last Thursday the Court terminated a 1-year driving prohibition because "[i]t was  arbitrary, and completely unreasonable to issue a prohibition on the level of proof offered by the officer." If you received an IRP and conducted a review, no doubt you have formed your own opinion of the process. There is little more to be added to what the Court already stated in Spencer and Wang, which is the decision from January 24, 2012. Here are some interesting comments from the...

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Personal Financial Decisions

Each person who receives an Immediate Roadside Prohibition suffers the consequences in their own way. For some it is not too great an inconvenience. Some wealthy people simply go on a three month vacation. Others hire a driver. But for normal people, who often drive as part of their work, the consequences are dire. A significant number of British Columbians are living paycheque to paycheque, struggling to make the mortgage payments, keep food on the table and cover everyday expenses. For these people an IRP is a devastating blow. If you end up serving the entire IRP, it could mean the...

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Perverse incentive

Perverse incentive. Tastes great, but it makes you fat.

Often things in life do not work out as planned. For example, when the Government introduced the IRP scheme with the wide publicity that this was harsher punishment for alleged over-.05 drivers, we noticed an uptick in calls from people who had failed to stop at the scene of a collision. This is the manifestation of a perverse incentive. Thankfully most cases involved clipping, bumping or knocking the mirrors off of parked cars. Some people did not know what they hit. It seems likely that people were discouraged from stopping at the scene because of the fear of the new harsh...

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We Love Our Clients

We love our clients

There are days that being a criminal defence lawyer can be a thankless job. Many people don't understand our role, (until they need us) and others lament our very existence. But we're tough and we know that our work has meant a lot to our clients over the years. We've received some great feedback from our former clients. We really appreciate the kind comments. Often this helps us to keep our momentum. Every few months we post some of the comments on our testimonial page. Many we put aside because for whatever reason they don't seem to fit the current layout...

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Next Category: People Who Were Refused an Extension

If you missed the 7-day period in which to file for a review of your 90-day Immediate Roadside Prohibition for Fail, and you or your lawyer wrote to the Office of the Superintendent to request an extension of the 7-days, please give us a call. We are now filing Petitions for anyone who was denied an extension of the 7-day time period. Many people are still without a license, or they wish to get back on the road without an interlock. We can do this relatively easily right now. The test cases we have started have resulted in the RDP and...

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Update: People Who Did Not File for OSMV Review

It seems that most people who received a 90-day Fail Immediate Roadside Prohibition did not file for a review. We know that lawyers around British Columbia, quite reasonably, told people that there was no hope in winning, so no purpose in applying for a review. Others were sent away from ICBC after being told that they could not challenge the IRP on the basis of innocence. And some people learned enough about the scheme through the grapevine to know that the deck was stacked. Our advice was to dispute any IRP to register your opposition with the scheme and then hope...

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The Family Car

The Family Car

We know that 90-day Immediate Roadside Prohibitions financially devastated many families in BC. Regardless of innocence or guilt, if the family car was alleged to have been involved, it was seized for 30 days and the owner was on the hook for towing and storage. For towing companies, it was as though they won the lottery. And of course, the Government collected the HST on all of those charges. But the lottery win for towing companies and the Government came directly from the pockets of BC families, and the loss of the family minivan was a huge hit. Why should the...

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Follow up on Thursday’s Post Re the 7-day Period

We received a number of calls and emails Thursday about the blog post. We wrote about the 7-day period in which you could file for review and how that was designed to disadvantage people who received Immediate Roadside Prohibitions. The main purpose of the post was to explain the historic reason for the 7-day period and to shed light on how this was simply unfair when it comes to IRPs. The feedback we received indicates to us that many people missed the 7-day period, or made the then entirely rational decision to not file for a review. As we have said,...

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The 7-Day Period to Apply for Review of Your IRP

Missed 7-day review

Did you apply for a review within the 7-day period? It is the first question we need to address for every new client with a 90-day Immediate Roadside Prohibition for ASD Fail because, to date, the interlocutory remedies are only available to people who lost on review. What does this mean? If you filed for a review of your 90-day IRP for Fail with the Office of the Superintendent by attending ICBC licensing and paying for a hearing, then we can take the review decision and file an appeal (a Petition) in Supreme Court to stop the interlock and RDP until...

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British Columbia is Broke

In case you missed it, the British Columbia Government has run a deficit for the last few years and things don't look like they'll get better any time soon. In essence, the Government spends more than it brings in each year, so it borrows money to cover day to day expenses and to pay for debt racked up in previous years. It's like using your credit card to pay your credit card bill while spending more than you earn each month. Eventually you hit the wall. Greece, Ireland, Spain, Portugal the USA are examples of countries where the deficits and...

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