As we explained in our post on July 23, 2012, the Government wants everyone who received an IRP and had the consequences suspended to now serve the punishment. This means that if you managed to suspend the remedial consequences, (i.e. the interlock and responsible drivers program, fines, etc.) by having us file a Petition for a judicial review of your IRP, they now want to force you to do these things if you want to drive.
We did a smart thing in hindsight. For each client we reviewed the case and wherever possible we included arguments on the merits of the case in the Petition we drafted and filed in Court. In other words, we didn’t simply rely on the hope that the Sivia case would sort everything out. We had a backup plan.
Nearly every aspect of the decision of the BC Supreme Court is under appeal. We have reviewed the documents filed in the Court of Appeal and the arguments seem very strong to us. Nevertheless, the Office of the Superintendent of Motor Vehicles will be notifying individuals in one week about their requirement to comply with the remedial consequences.
We have reviewed nearly every file over the summer. In most cases there are substantive arguments that we can make if our clients wish us to prepare for a judicial review hearing. If a client gives us those instructions, we can further the extension to preserve the client’s driving privileges by notifying the Attorney General that our client wishes to conduct a judicial review of their Immediate Roadside Prohibition.
In order to do this, we must schedule a date for the hearing. We expect that the hearing will take place no sooner than six months from now. The Court of Appeal may have given some direction with respect to these matters before then. It is possible that, as a result, your remedial requirements will be suspended without the need for an individual judicial review. As well, keep in mind that we have an election coming and the BC Liberals are on track to be kicked out of office in spring.
Nevertheless, each of our clients in this situation must now make a decision.
Here are the choices:
1. If you wish to preserve your driving privileges as they stand, we can notify the Attorney General’s office that you intend to pursue the judicial review of your matter. The effect of this will be to further extend the suspension of your remedial requirements. There are legal fees and court filing fees that you will need to pay us. And there are likely to be more legal fees down the road.
2. If you wish to instruct us to take no further action on your file at this time, you can cross your fingers and wait to see what steps the Superintendent will take with respect to your driving privileges. We anticipate that you will be prohibited from driving pending your enrollment and participation in the remedial requirement programs.
3. If you wish to comply with the remedial requirements (i.e. Ignition Interlock and Responsible Driver Program), there are no further legal fees at this time and you may instruct us to take no further action on your file for now. You should go to ICBC Driver Services and ask them what steps you must take to have the interlock installed and enroll for the RDP as well as to pay any outstanding fines.
4. If you wish no longer to be represented by our law office on this matter, you can let us know and we will withdraw from record as your counsel. You, or your new lawyer, can take conduct of your file.
We ask each of our clients to email us regarding which option they wish to pursue.
Please notify us as soon as possible about how you would like to proceed. We ask that you email no later than 4:00 p.m. on Monday, September 17, 2012. Please indicate which of the four choices you wish to pursue. If you are choosing option 1, please contact our office to arrange payment by phone.
If you do not give us instructions by 4:00 p.m. on September 17, 2012, we will assume that you have not chosen option 1. We will take no further action on your file until you instruct us to do so.