Over the past few weeks we have received a number of calls from people seeking clarification about what they were told by ICBC or the Office of the Superintendent of Motor Vehicles. We have heard reports of people who have called ICBC or the OSMV and were informed that they can attend at ICBC and […]
ICBC Advice Continue Reading »
A while back we broke the story that Approved Screening Devices (ASD) used by the Port Moody Police Department were not being calibrated properly. As a result of our having gone public with this information, the Port Moody Police announced that they had an external unit investigate their actions. They never acknowledged that there was
Port Moody ASD Update: Continue Reading »
Many people do not realize the impact that a traffic ticket can have on their driving record. A Novice or Learner driver, in particular, is at a great risk for having a license suspension with even one driving infraction. The Office of the Superintendent of Motor Vehicles has the power to suspend the driver’s license
Traffic Violations and Your Driving Record Continue Reading »
Earlier this week we announced that the Sivia case has been appealed. One aspect of this appeal relates to the Court’s decision that IRPs for refusing or failing to comply with an ASD test are constitutional. In our view, they are not. Not even close. Even though the Sivia case is under appeal, the police
Refusal IRPs Continue Reading »
The most repugnant aspect of the IRP scheme in our view is the reliance on Approved Screening Devices for punishment. ASDs were never intended to be the basis of punishment. Firstly, the test is taken in violation of sections 10(a) and 10(b) of the Charter of Rights. Because of the Charter violations the courts have
3, 7 and 30-day Immediate Driving Prohibitions for Warn Continue Reading »
As we have explained before, many British Columbians are waiting for decisions on their request to extend the 7-day period to file to review their IRP. Until earlier this week there was a moratorium on rendering these decisions. Either the Government instructed the OSMV to stop rendering decisions or the OSMV took it upon themselves
In case you missed the newscast on CTV this evening, we can now confirm that the lead case in the Immediate Roadside Prohibition judicial review decisions handed down November 30, 2011 and December 23, 2011, (i.e. Sivia v. The Superintendent) is now under appeal. The documents were filed January 20, 2012. The appeal deals with
Some Big News re: IRPs Continue Reading »
The BC Supreme Court seems to be taking an increasingly dim view of the decision making process at the OSMV. Just last Thursday the Court terminated a 1-year driving prohibition because “[i]t was arbitrary, and completely unreasonable to issue a prohibition on the level of proof offered by the officer.” If you received an IRP
OSMV Under Scrutiny Continue Reading »
Each person who receives an Immediate Roadside Prohibition suffers the consequences in their own way. For some it is not too great an inconvenience. Some wealthy people simply go on a three month vacation. Others hire a driver. But for normal people, who often drive as part of their work, the consequences are dire. A
Personal Financial Decisions Continue Reading »
Often things in life do not work out as planned. For example, when the Government introduced the IRP scheme with the wide publicity that this was harsher punishment for alleged over-.05 drivers, we noticed an uptick in calls from people who had failed to stop at the scene of a collision. This is the manifestation
Perverse incentive Continue Reading »
There are days that being a criminal defence lawyer can be a thankless job. Many people don’t understand our role, (until they need us) and others lament our very existence. But we’re tough and we know that our work has meant a lot to our clients over the years. We’ve received some great feedback from
We Love Our Clients Continue Reading »
If you missed the 7-day period in which to file for a review of your 90-day Immediate Roadside Prohibition for Fail, and you or your lawyer wrote to the Office of the Superintendent to request an extension of the 7-days, please give us a call. We are now filing Petitions for anyone who was denied
Next Category: People Who Were Refused an Extension Continue Reading »
