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 […]
OSMV Under Scrutiny Continue Reading »
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
Personal Financial Decisions Continue Reading »
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
Perverse incentive Continue Reading »
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
We Love Our Clients Continue Reading »
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
Next Category: People Who Were Refused an Extension Continue Reading »
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
Update: People Who Did Not File for OSMV Review Continue Reading »
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
The Family Car Continue Reading »
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
Follow up on Thursday’s Post Re the 7-day Period Continue Reading »
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
The 7-Day Period to Apply for Review of Your IRP Continue Reading »
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
British Columbia is Broke Continue Reading »
The Government argued that if the 90-day Fail IRP scheme was lifted there would be chaos in the streets, dozens of unnecessary deaths (all DUI deaths are unnecessary) and general pandemonium. The argument was that the police in BC needed this tool because it saves lives — that there was no other way, and therefore
Did We Really Need to Wait Six Months? Continue Reading »
Often reporters looking at ASD maintenance records in our office will ask if anyone is actually guilty. It is the kind of thing you might think for a minute when you are shocked by the problems with the devices, or you see one of the cases like Margaret MacDonald’s. Of course many people are guilty.
Is anyone guilty? Continue Reading »
