When it comes to defences that can be used in driving while prohibited cases, there are very limited options you can use. As we have discussed in previous blog posts, the charge of driving while prohibited requires the prosecution to prove that a person drove, that they were prohibited, and that they knew they were […]
What are defences to driving while prohibited? Continue Reading »
A question we hear a lot when someone calls us after receiving an Immediate Roadside Prohibition is does this IRP give me a criminal record? The answer is no, it does not. In order to get a criminal record in Canada, you must first be charged with a criminal offence. Criminal offences are contained in
Does an IRP give me a criminal record? Continue Reading »
It is very easy for police in BC to figure out who is prohibited from driving, as they have many different ways to determine this. As soon as you are issued a driving prohibition, it is uploaded into several different police computers. If a police officer issues the driving prohibition to you, it gets added
How do police know I am prohibited from driving? Continue Reading »
A lot of people who receive IRPs find themselves in handcuffs and being read their Charter Rights, or told that they’re under arrest for impaired driving. Many clients come to us saying, ‘I was arrested after I got my IRP,’ and then asking the question, ‘is that legal?’ The answer to that is complicated.
Arrested after an IRP Continue Reading »
When the police are relying on breathalyzer results in a DUI case, the evidence is often very complex and you may need an expert to deal with it. Your lawyer has the job to spot the issues, structure your defence and make the argument. Often, however, the argument may be that much stronger or only
An expert to assist with a DUI Continue Reading »
One of the stranger parts of being a DUI lawyer is dealing with people’s misconceptions about breathalyzers. There is a popular understanding of breath testing equipment. People seem to think that a breathalyzer is some sort of all-seeing infallible magic box, and this is a problem when it comes to wrapping your mind around the
DUI Breathalyzers: What’s inside the magic box? Continue Reading »
Here in Canada, a lot of people are under the mistaken impression that police need to have grounds to stop their vehicles. They believe that in order for a police officer to pull you over, they have to have viewed you taking part in some sort of offence, and have reasonable grounds to pull you
Can police stop my car to see if I am prohibited? Continue Reading »
A lot of people come to us after they didn’t dispute their 90-day driving prohibition or their multiple 24-hour prohibitions for alcohol or drugs when they get a Responsible Driver Program (RDP) referral letter in the mail. It’s when they receive this letter that they realize they want to do something about the consequences of
Can I dispute the Responsible Driver Program Referral? Continue Reading »
Congratulations to Acumen Law Corporation’s very own Dana-Lyn Mackenzie, who has officially been nominated as a finalist for Canadian Lawyer magazine’s Top 25 Most Influential Lawyers in Canada. Voting is now open, and you can help get her on the Top 25 Most Influential Lawyers list if you get your vote in before May 13th. Dana-Lyn
People are often concerned about who knows whether they have a DUI. Will your boss get notice? What about your parents or ex-spouse? Will your DUI end up on some gossip website? The question of who knows about your DUI depends a little bit on what type of DUI you’re facing. More on the types
Who knows about your DUI? Continue Reading »
In British Columbia there are various DUI impaired driving prohibitions and due to the crossover of federal criminal laws and provincial highway laws it can get a little confusing. Because there are several different types of DUI driving prohibitions, understanding an impaired driving prohibition is more difficult than you might imagine. Plenty of lawyers are
Understanding an impaired driving prohibition Continue Reading »
It is common for people to want to know whether they will win or lose over the phone when they first call us about their drinking-driving case. No lawyer can tell you whether you will win or lose your case over the phone in an initial phone call. The fact is, without reviewing the police
Win or lose over the phone Continue Reading »
