An Immediate Roadside Prohibition, or an IRP for short, is a driving prohibition that is the result of failing a roadside breath test. In other words, if you have been given an IRP, then you have been given this driving prohibition because you did not pass a roadside breath test. The consequences of an IRP […]
What the heck is an Immediate Roadside Prohibition? Continue Reading »
A new US study has been released which indicates that BMW drivers have the highest DUI rates. This is fascinating to us because we monitor trends with respect to impaired driving and vehicle types. This study is from the United States. There are no such studies in Canada, as far as we know, but it
BMW Drivers are the New Worst for DUI Continue Reading »
As legal professionals, we’re no strangers to the frustration caused by outdated and inefficient systems within our justice system. For years, booking court dates for judicial reviews, particularly in DUI cases, has been a cumbersome process, often plagued by delays and disparities. But now, there’s a glimmer of hope on the horizon. The British Columbia
At the ripe old stage of being a near 3-year call (meaning I’ve been a lawyer for just under three years at the time of writing this blog post), I have handled numerous Notice of Intent to Prohibit and Notice of Prohibition cases. Acumen Law gets such files regularly. What typically happens is this: an
Understanding the intricacies of breathalyzer testing and its potential implications is crucial in ensuring justice in DUI cases. Here, we delve into a recent study exploring the impact of the volume of air provided during testing on breath alcohol readings. There are numerous factors that can artificially elevate or artificially lower breath alcohol readings when
Can you Influence The Breathalyzer Just By How Much Air You Blow? Continue Reading »
One of the biggest aspects of the immediate roadside prohibition scheme that we find particularly troubling is how adjudicators deal with people’s statements to the police at the roadside. Use Immunity in Criminal Investigations In a criminal investigation when you’re pulled over and questioned about drinking, those answers are not held against you in court.
Why it is so important to remain silent when questioned by the police Continue Reading »
When drivers in BC are investigated by police and issued papers of some sort, the most common first thought is “I got a DUI.” That makes perfect sense. We are inundated with American entertainment and news and many of us learn about DUI and the term DUI from things like TikTok and YouTube. In BC,
Is IRP the same as DUI? Continue Reading »
If you receive an Immediate Roadside Prohibition, your first thought may be “how can I fight this?” Then you get online, and you start reading about disputes and the appeal remedy for a 90-day Immediate Roadside Prohibition (IRP). Some of the information the government puts out suggests that you can take your shot at their
The Appeal Remedy for a 90-Day Immediate Roadside Prohibition Continue Reading »
The Christmas Counterattack program is underway in British Columbia, starting with a massive blitz on the weekend with police DUI checkpoints on most major highways in the province. Lots of people are opposed to check-stop programs like these because they think it’s unfair to inconvenience thousands of drivers to catch the odd person who might
Obligations at a DUI checkpoint in BC – presenting your license Continue Reading »
We are delighted to share the remarkable achievement of Kyla Lee, from Acumen Law Corporation, who has been honoured with the esteemed 2023 Legal Award for Vancouver DUI Lawyer by Acquisition International Magazine. This distinguished recognition is a testament to Kyla’s exceptional legal expertise and unwavering commitment to providing outstanding legal services. View Kyla’s listing
2023 Acquisition International Magazine Legal Award Winner! Continue Reading »
Sometimes legal terms are chosen to make a distinction that doesn’t really exist. A good example of this is the terms we have used in Canada to deal with people who drove while their driving privileges are under suspension. In Canadian federal law we used to refer to a driving prohibition pursuant to the Criminal
Driving while prohibited, suspended, disqualified Continue Reading »
Each province has its own laws regarding drinking and driving investigations. In BC, when the police demand a breath test right there are the roadside into a hand-held approved screening device, the results will trigger options for the police that impacts the way things will play out for the driver. In many circumstances, when a
Should You Blow Twice? Continue Reading »
