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Petitions, extensions and stays of driving prohibitions

As we’ve said, from our perspective the entire issue of 90-day IRPs should have been resolved when Sivia was released last week. But this will linger, which is why we’re now encouraging everyone to Petition to court to review the OSMV review decision in their case.

If you need us to get an order re-instating your license, it has become quicker and slightly easier. We can usually have an order in about a week. The AG now consents to most orders if the proper documents have been filed and the legal test is met. The orders we filed today extend the temporary licenses until the end of January, which suggest that the Government will have a more decisive position by then.

We know that there are grumblings that the Government is considering arguing that “refusal” cases are exempt from the Sivia ruling, i.e. the requirement of a fair process, because in the end no evidence of a sample was obtained.  We’ll have more on why this makes no sense in the coming days. For what it’s worth, most of the alleged “refusal” cases we’d gladly argue on their merits because they most glaringly demonstrate the problems with the scheme.

Reporters at CTV are investigating issues concerning the people now waiting to find out what this ruling means in their case. Watch the news Thursday night.

 

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