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The steps of a DUI police investigation

In this video I will tell you about the steps of a DUI police investigation. There have been drunk driving laws for just over 100 years, so shortly after the car was invented. And before the invention of the car, there were traffic police in major cities dealing with horses and buggies. So enforcement of drunk driving laws is nothing new. [pullquote]The fact of an accident may do little for the police in building their case.[/pullquote] The steps of a DUI police investigation haven't changed that much over the decades. It all starts with observations of driving. The police may be looking for...

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Tactical IRP misinformation

Misinformation

When we received the information that led to our Red Alert blog post, we knew that something fishy was happening over at RoadSafetyBC. Immediately, we made a request pursuant to the Freedom of Information and Protection of Privacy Act for copies of all internal correspondence, memorandums, and other documents created in relation to their sudden policy change.[pullquote]In this case the BC Government was using this sort of reasoning to make their policy decisions. If it wasn't so pathetic and damaging it would be funny.[/pullquote] You may remember that the Red Alert was issued in December, 2014. We received the records on...

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Dissecting a DUI police investigation – the basics

Dissecting police DUI investigations from Paul Doroshenko: My name is Paul Doroshenko and I'm an IRP lawyer. What that means is that I defend the drunk driving cases that are common in BC. I've defended DUI and impaired driving cases for over 15 years. Today I will tell you a little bit about dissecting police investigations in a drink drive case. [pullquote]In the majority of the drinking driving cases, the police officer is the witness to the driving, the witness to the police stop, the witness to the...

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Access to justice?

Access to justice is a lie

The BC Government often claims that it's trying to facilitate "access to justice." What started off as a noble cause has become Orwellian doublespeak for impeding access to justice. We see it on a daily basis because we deal with criminal cases in criminal court all of the time.[pullquote]What we see is governments trying to be unfair, i.e. trying to create unfairness and an unfair system for their advantage.[/pullquote] It's important to remember that, although the government is your friend when it comes to protecting you from bad guys, they are motivated to strip you of your rights in the quest for...

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What happens at the IRP hearing

What happens at the IRP hearing from Paul Doroshenko on Vimeo. WATCH: My name is Paul Doroshenko and I'm a lawyer with Acumen Law Corporation. We are the lawyers for people from all around BC when it comes to disputing Immediate Roadside Prohibitions. We succeed in more IRP review hearings than any other BC law firm month after month, so you can have some confidence that we know what we're talking about.[pullquote]It's common that we end up using the entire 30 minute period making submissions to ensure that all of our arguments have been covered.[/pullquote] When it comes to IRP hearings, in...

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IRP Appeals in BC Supreme Court

IRP Appeals to BC Supreme Court

Right now we have a number of IRP appeals in BC Supreme Court to deal with ongoing problems with the Immediate Roadside Prohibition law. When the Sivia decision came out almost 4 years ago we concluded that the best we could do was to chip away at the IRP sections of the Motor Vehicle Act to reveal the unfairness in the scheme.[pullquote] Nobody should be subject to a determination of their sobriety and face punishment based on a device that has a probable manufacturing flaw.[/pullquote] We recognized the unfairness when the law was introduced. Our concern has been that a mere review...

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Why we get the disclosure first from RoadSafetyBC

Why we get the disclosure first from Paul Doroshenko on Vimeo. WATCH: In this video I will explain why in Immediate Roadside Prohibition cases we get the disclosure first from RoadSafetyBC before advising our clients on how to deal with their Immediate Roadside Prohibition. In the last video I explained that the police officer was required to submit the disclosure to RoadSafetyBC. The disclosure is a package of documents that explains what happened in your case. It lands on a fax machine at RoadSafetyBC in Victoria. Then the intake agents at RoadSafetyBC link the disclosure to your file.[pullquote]Looking at the evidence before...

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July 2015 statistics and a breathalyzer update

July 2015 Sttistics: What do they mean?

We're all for tooting our own horn. There's pride in a job well done and we appreciate recognition for good work. Ever since we started collecting the statistics, our law office has succeeded in the most 90-day Immediate Roadside Prohibitions each month. It's a badge of honour and it's something we work hard to maintain.[pullquote]The July statistics blew our minds. Like the photo for this post, we're not really sure what it all means.[/pullquote] The IRP brainpower in our office is unparalleled if you judge by the Government records. Moreover, there is a real advantage our lawyers enjoy by virtue of the...

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RoadSafetyBC disclosure

WATCH: Today I want to tell you about the RoadSafetyBC disclosure in an Immediate Roadside Prohibition case. When a police officer issues you a roadside prohibition, the officer is required in law to prepare a report about the case and send this disclosure to RoadSafetyBC in Victoria. In most cases they will send the disclosure on the same shift. So if they issued you an IRP at midnight, before they go home they will return to their detachment, prepare the documents and send it to RoadSafetyBC, usually by fax.[pullquote]A document that isn't attached in a manner that abides by the strict letter...

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Compassionate grounds at IRP hearings

Compassionate Grounds arguments at IRP hearings from Paul Doroshenko on Vimeo. WATCH: I want to talk to you about compassionate grounds arguments at IRP hearings. Of course people think that there's always the sympathy angle. Well no. There isn't. Many people who are stopped for drinking and driving feel that the driving prohibition should be revoked because the punishment is too harsh for them personally. Other feel that the important thing is that they learned their lesson and on that basis they should get their drivers licence back. Still others believe that there should be some compassionate grounds because they need to drive...

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