A few days ago we wrote about keeping track of the damage that you suffered from your 90-day Immediate Roadside Prohibition for Fail. Aside from the out-of-pocket expenses to the Government and the companies profiting from the IRP scheme, you may be able to receive compensation in the future for other losses. If, however, you […]
Rights That May Have Accrued Continue Reading »
There is a strange tension in British Columbia at the moment between the Government and the courts. As a result, the chief judges from each level of court in B.C. signed a statement about judicial independence and the rule of law which is re-published here. This is a highly unusual step. Typically, the judges in
Rule of Law Continue Reading »
Earlier in the week we mentioned that the police rarely correctly follow the second sample requirements. Whether it is a Warn range Immediate Roadside Prohibition (IRP) or a now de facto – defunct 90-day IRP for blowing Fail, the police often screw this up. We received emails prodding us for more information and from people
The Legend of the Second ASD Sample Continue Reading »
If you just received an Administrative Driving Prohibition (ADP), a 30-day Immediate Roadside Prohibition (IRP) or a 90-day IRP, a nasty letter is coming your way. The IRP or ADP Notice of Prohibition does not explain the misery that is about to befall you. Only after the 7-day appeal period has expired will you receive
Bad News in the Mail Continue Reading »
Although the IRP law with respect to 90-day prohibitions for Fail was found to be unconstitutional, the law was left on the books until June. The Government argued that it was necessary to save lives. And the Court more or less accepted that argument. But the police stopped applying the IRP law, probably because they
Peculiarities of the IRP Legal Limbo Continue Reading »
When the BC Supreme Court ruled on November 30, 2011 that the 90-day Immediate Roadside Prohibition scheme for Fail blows violates the Charter, many people contacted us looking for compensation for their loss. We asked everyone to sit tight because despite the ruling, we know the Government will do everything it can to avoid writing
What Damage Did You Suffer from Your IRP? Continue Reading »
One of our lawyers is a member of the California DUI Lawyer’s Association, so we follow the goings on with drinking/driving law in the Golden State. The authorities there are now dealing with revelations of roadside breath tests tainted by improper calibration. Although much of the law is different, there are a few similarities. There
Roadside Breath Tests Tainted by Police Negligence Continue Reading »
The SPCA is angry at the Government. Their particular concern is that the Government is establishing a tribunal to deal with allegations under the Prevention of Cruelty to Animals Act, rather than having the matters dealt with in court. You can read their entire statement here, but this is an important excerpt: The BC SPCA
Tribunalization – Ousting the Courts Continue Reading »
In the 2012 budget announcement Finance Minister Kevin Falcon indicated that the Government would privatize the liquor distribution warehouses in BC. The Government can thereby receive a one-time windfall in the sale of these assets and it no longer needs to manage the distribution of liquor to stores in BC. Whether you agree with this
Booze and Privatization Continue Reading »
The Alco-Sensor IV, which is the roadside breathalyzer that we use in BC, is a sturdy, nicely-designed device that is well suited for its purpose, i.e. to screen drivers to determine who should be subject to breath tests on an evidentiary breath tester. One of the reasons that they should never be used to justify
Kill the Breathalyzer Continue Reading »
If you received a 90-day IRP for blowing Fail, then there is no reason for you not to have your license back pending the outcome of the lead case that is still before the Court. The BC Government is planning to introduce legislation soon to address the Court decision that ruled that the IRP scheme
You Should Now Have Your License Back Continue Reading »
It started off with a simple plan — take minor drunk driving cases out of court and instead rehabilitate the offenders. This makes sense. As we have discussed, for most non-violent crimes, community based measures, such as diversion to Alternative Measures, are very effective in deterring people from offending again. With respect to impaired driving
A Simple Plan Continue Reading »
