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New IRP/DUI law Tag

The Champions of IRP Defence

The Champions of IRP defence

When Immediate Roadside Prohibitions came out, one thing we did to ensure we were doing the best job possible was we requested copies of every successful decision each month. We wrote to the BC Government for disclosure of copies of all of the successful decisions.[pullquote]Most IRPs that are lifted on review are cases where Acumen Law was the firm handling the case.[/pullquote] The reason we wanted copies of the decisions was because we wanted to see if anyone else was coming up with creative arguments and of course we wanted the decisions for precedent value. As we reviewed the disclosure there...

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Our law office in Victoria

Law Office in Victoria

We’ve opened a law office in Victoria BC. Acumen Law Corporation’s newest office is located in downtown Victoria at 1529 Amelia Street. That puts us 2 minutes from the Victoria courthouse, government offices and the Victoria Police. It’s good location to serve our clients and follow through on some of our plans.[pullquote]Sacha Roudette is now part of the most successful IRP DUI firm in all of BC working at our new Victoria law office.[/pullquote] About a year ago we decided that we needed to increase our presence on Vancouver Island particularly with respect to Immediate Roadside Prohibition defence. As far as...

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Funny doings in Victoria

Clown

We keep our finger on the pulse of the legislative action in Victoria when it comes to the proposed changes to the Motor Vehicle Act. Mind you, “action” probably isn’t the appropriate term because it suggests a level of intensity that just isn’t there. And "pulse" would suggest that there is one; as though democracy was alive and well and fulfilling the purposes we expect of it.[pullquote]As a member of the opposition you may feel you have no choice but to vote for a bad law because you know your political fate hangs on how you deal with this particular...

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Section 215.41 – 215.51 and 251.1 of the BC Motor Vehicle Act with Bill 15 provisions included

Bill 15 changes the Motor Vehicle Act regarding IRPs

We expect that the proposed changes to the BC Motor Vehicle Act will be enacted into law within weeks. Most of the time proposed legislation is BC becomes law with little debate in our legislature. Usually the final version of the law is identical to the one introduced at first reading. Legislation that amends laws that are already on the books are almost always difficult to sort out. They remove a word or phrase, included new sections and refer to sections that are not yet in place. It's confusing to everyone, including lawyers. The members of the legislative assembly don't often...

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IRP legal test with no remedy

A real test or a fake test?

Imagine for a second that a government started with a blank sheet of paper and wanted to design a law to deal with the difficult problem of impaired driving. They could start by writing a law that goes something like this: 1.) Everyone who is impaired by alcohol in their ability to drive and drives a motor vehicle on a road or highway commits an offence of IWD - Impaired While Driving. That seems straightforward enough. It addresses the concerns, sets out the legal test and creates the offence. If you were writing the law, the next thing you might do is...

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Financial considerations

Financial Considerations of an IRP

Money is always an issue. If you are issued an IRP, you need to sit down and do some calculations right away to figure out what it's going to cost you. 90 days without your driver's license might cost you your job. If it won't, you still need to calculate what it will cost to get around for that period. Of course there are the fines, fees, towing, storage etc. Everyone is sent to take the Responsible Drivers Program, although you may be exempted on reconsideration. If you end up with both the RDP and Interlock, you're now approaching $5000 without...

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IRP defences – we know they exist

IRP defences

The Immediate Roadside Prohibition scheme was designed so there would be no defences to an IRP. That should come as no surprise. The Government didn't write the law with fairness as a priority. It came infused with blind faith in the police. And even with several dozen court decisions making clear that they need to be fair, they continue to take the position that it's okay for innocent people to end up stuck with IRPs because, in their view, the ends justify the means. Still, confronted with the simple fact that innocent people do receive IRPs and punishing innocent people...

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IRP 2.0 court challenge

IRP 2.0 Court Challenge

As we explained earlier, we were involved in the challenge to the second version of the Immediate Roadside Prohibition scheme. The hearing took place just over a week ago in BC Supreme Court sitting in Victoria. IRP 2.0 is now in the hands of the Court. Of course, the first version of the scheme was found unconstitutional by the Court when it came to 90-day IRPs for blowing "Fail" and the law was re-drafted. The Court decisions regarding the first version are still under appeal so everything could be upset by later rulings on the first version. For example, if the...

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Challenge to the IRP scheme version 2

Challenge to the IRP scheme version 2

Few people are aware that there was a challenge to the IRP scheme version 2. We didn't talk about it here on our blog because we thought it would be inappropriate to publicly discuss it before the hearing took place. However, the hearing is now over and so we're now happy to report what's been going on. The challenge Back on November 30, 2011, the first version of the Immediate Roadside Prohibition scheme was found unconstitutional in a BC Supreme Court decision called Sivia v. The Superintendent of Motor Vehicles. The Court in that case identified several failings with the IRP scheme,...

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