We now need to tell you what we think the Government plans to do. We now believe that the Government intends to adjourn all outstanding IRP Fail cases, whether before the OSMV or the Court, until June when the Government can introduce new legislation and then have a re-hearing for everyone who received a 90-day. This is a Red Alert. Start planning.
We believe that they are working on legislation that will simply add one possible argument for you to make at your IRP hearing, i.e. that you were not over .08mg%. What does this mean? You can expect another kick at the can, but you can then argue (without being able to back it up do to no substantial disclosure) that you were under .08mg%. You will be able to have a re-hearing, basically the same as the last one but with that one change.
If you were alleged to refuse, expect this to come right away — wherever your temporary license expires. This is underway. We are working that front, but it is a difficult struggle.
If you are alleged to have blown Fail, then all of this is coming your way. It does not matter whether you have a decision that has been adjourned in perpetuity or you have a Petition before the Court.
We will update here as we gather more information. As it stands, anticipate protracted litigation. If you wish to give up, that is your choice and it may save you money.
We may succeed, or we may regret living in BC. But sometimes you have an obligation in a democracy to stand up for what is right. We believe in justice. We believe in a trial before a judge where you can test the evidence and confront your accuser. We believe that the Government should not be able to hide relevant evidence from someone when they face harsh punishment. We believe that the IRP scheme is a defining moment in our fragile democracy because the Government has decided to use the polarizing issue of drinking and driving as a wedge to undermine our rights to be dealt with fairly though the court.
ALLEGED REFUSALS
If you have a temporary license due to an alleged refusal, call us right away so we can discuss your next steps.
As we predicted, when the Court upheld the refusal part of the 90-day IRP scheme, refusal cases would double. It is just too easy for a police officer to help you refuse and then issue you an IRP. So it was just reported that over Christmas the police were “surprised” to see that the number of alleged refusals doubled. They should read this blog.
If you’ve been dinged for alleged refusal over Christmas, call us. We are in for a penny, in for a pound.
This is an ugly system. We will have some recommendations in the next few days for way that you can help us challenge it using your time rather than money.
Thanks for sticking with us.