IRP appeal library
On Saturday June 15, 2013, it will have been one year since the Immediate Roadside Prohibition / IRP scheme came back into effect. Of course, the BC Supreme Court found the first botched version of the legislation unconstitutional. Whether the second version of the legislation is constitutionally valid is a matter now before the Court. This is set for a hearing in September. And the Court of Appeal is still ruminating on the first version of the IRP law. They could render their decision any day.
One day we’ll write the complete history of the IRP scheme, or the obituary if the court strikes down the law. In the meantime, we’ve accumulated the ultimate IRP appeal library — a massive collection of documents that we use every day to appeal 90-day IRPs for our clients.
Long before the first version of the IRP law came into effect on September 20, 2010, we viewed the law as badly flawed, unfair and an insult to the presumption of innocence. When it comes to IRPs, you have no Charter Rights because the OSMV tribunal refuses to provide any remedy for Charter breaches. We were so angry that we started collecting documents and material to defend our clients and challenge the law.
We were already very experienced defending Administrative Driving Prohibitions (ADPs) and other DUIs and we had all of the police breath testing equipment in our office. So we had already collected many documents, reports and manuals to help our clients appeal their IRP. However, when the IRP legislation was first introduced in the spring of 2010 we cranked up the volume and started digging for more and more material to use for our clients and to add to our library. And now what do we have?
We have a massive IRP appeal library. Maintained on our servers, in binders in our offices, in filing cabinets and file boxes we’ve accumulated tens of thousands of pages of documents, case decisions, policy manuals, internal OSMV memos, internal police correspondence, emails, calibration records, receipts, letters that were meant to be secret, judicial decisions, appeal precedents, police discipline records, reports, ultra-secret reports and records of some of the most bizarre ASD malfunctions that you could possibly imagine.
Our IRP library is huge. And it’s worth a lot of money if you think about the time and legal work that it’s taken to accumulate it. Simply put, there’s nothing like it.
For our clients it’s priceless. In many cases the only reason the IRP was lifted at the appeal before the OSMV tribunal is because of material that we’ve pulled out of our IRP appeal library.
It is, however, a private collection. If you have suggestions on any material that we could add to our library, send us an email. If you’ve got an IRP, just call us. There’s nothing that we like better than using our library to succeed in having your IRP overturned.