One thing that the government of British Columbia has never spent much time on during the pandemic has been dealing with the issue of breath testing for people who have decreased lung capacity as a result of having had COVID-19 and COVID-19 long haulers. Of course, we know this would have never come up or […]
COVID-19 Long haulers and Breathalyzers Continue Reading »
The pandemic had obvious impacts on traffic in BC. Noteworthy as well are the BC trends in traffic enforcement in the last two years. Early in the pandemic, there was almost no traffic on the roads as everyone remained at home, hoping this would blow over as quickly as possible. Interestingly, police reported to us
BC trends in traffic enforcement Continue Reading »
In December, 2018, the federal government introduced legislation that allowed police officers to demand a sample of saliva from a driver if the driver is suspected have a drug in their body. The devices used across Canada are the Drager DrugTest 5000 and the Abbott SoToxa. Both of these require a driver to use a
Acumen Law Constitutionally Challenges Drug Screening Device Laws Continue Reading »
In a charge for driving while prohibited, there are three things that the Crown has to prove. The first is that you were prohibited from driving, the second is that you knew you were prohibited from driving and the third is that you drove.
How does the Crown prove knowledge in my driving while prohibited case? Continue Reading »
Say you’re a resident of Ontario, and while on vacation in British Columbia you get pulled over by the police and are handed an IRP. During the duration of your trip, you will not be allowed to drive, but what happens when you return to your home province? Does the IRP still hold up in
Does my IRP apply in Ontario? Continue Reading »
Immediate Roadside Prohibitions (IRP) have different consequences for different people depending on where they are in life. If you drive for a living, the worst of it may be the 90-day driving prohibition itself. If you plan to become a lawyer, an IRP on your driving record presents another hurdle. When a law student gets
When a law student gets an IRP Continue Reading »
When the COVID-19 pandemic first hit in early 2020, the normal daily lives of everyone around the world were forced to halt. It impacted every aspect of life, from regular 9-5 working people to tv shows and movie productions. What was also impacted, and severely, was the court system. When the pandemic first began, courts
When it comes to testifying in your own driving trial, it is important to understand what risks come with that. In some cases, testifying may be the best option, while it can be detrimental in others. A recent case in the BC provincial court offers insight into the danger of testifying in your trial.
The danger of testifying in your driving while prohibited trial Continue Reading »
If you are being charged with a crime, you must know that you have legal rights. According to the Canadian Charter of Rights and Freedoms (the “Charter”), it provides fundamental rights to every individual. The following sections of the Charter are fundamental to know when you are being charged with a crime: Section 8 gives
What is the process in court if I am being charged with a crime? Continue Reading »
If you have retained a lawyer at your first court appearance, your lawyer will be appearing on your behalf. Your lawyer will get on the court record and present themselves as your acting, acting on your behalf. However, if you do not have a lawyer, you would appear yourself.
What will happen at my first court appearance? Continue Reading »
When it comes to being charged with a criminal offence, it is up to the police to initiate the charges. The police investigate and assess whether they have sufficient evidence to inform the crown counsel that a charge is being laid against you. If the police forward the evidence to crown counsel, they review the
How do I know if I am being charged with a criminal offence? Continue Reading »
Many people end up with driving prohibitions during or just after the holidays due to some traffic infraction that brings with it a driving prohibition. Most drivers abide by the prohibition. Some think they can either cheat just a little or disregard the prohibition entirely. The truth about driving while prohibited is that the police
The truth about driving while prohibited Continue Reading »
