During the hearing at the Supreme Court of Canada into the first version of the IRP scheme, Justice Moldaver mentioned that a second ASD test more or less eliminates the possibility of an inaccurate reading carrying the day. It wasn’t something any of the lawyers picked up to explain. As far as we’re concerned, this […]
Two false Fails Continue Reading »
When I wrote the last blog post, do I really have to blow, I had a particular case in mind that had come across my desk just days earlier. The driver in that case had purportedly refused to blow. The passenger made a video of what transpired after the original ASD demand. It was clear
Do I really have to blow? Part 2 Continue Reading »
People often ask me “do I really have to blow?” The answer was simple before the IRP scheme became the law in BC. With a criminal investigation, if you blow and the police broke the law (failed to properly follow the law) in getting you to blow, chances are good that you’d be acquitted of
Do I really have to blow? Part 1 Continue Reading »
Imagine for a second that a government started with a blank sheet of paper and wanted to design a law to deal with the difficult problem of impaired driving. They could start by writing a law that goes something like this: 1.) Everyone who is impaired by alcohol in their ability to drive and drives
IRP legal test with no remedy Continue Reading »
Here is some free legal advice: if the police detain you for drinking and driving, don’t tell them to go arrest some real drunk drivers. Variations on that phrase are also not advisable, such as “go arrest some real criminals.” And it’s best never to mention doughnuts. We say this because from time to time
Go arrest some real drunk drivers! Continue Reading »
Few people are aware that there was a challenge to the IRP scheme version 2. We didn’t talk about it here on our blog because we thought it would be inappropriate to publicly discuss it before the hearing took place. However, the hearing is now over and so we’re now happy to report what’s been
Challenge to the IRP scheme version 2 Continue Reading »
The province’s tough anti-drunk driving program has taken another blow after a B.C. Supreme Court decision that could see thousands of immediate driving prohibitions set aside. Justice Jane Dardi ruled in oral reasons Friday that the Superintendent of Motor Vehicles has the responsibility to overturn any prohibition issued by a police officer who hasn’t provided
B.C. Supreme Court takes another swipe at drunk-driving enforcement Continue Reading »
Thousands of people will be affected by this. Today at 9:00 a.m. the BC Supreme Court rendered its decision in Wendy Richardson v. The Superintendent of Motor Vehicles, confirming that the decision in Wilson v. The Superintendent of Motor Vehicles is the law with respect to 90-day IRPs issued on the basis of an ASD
Really Big IRP News – Wilson is the Law Continue Reading »
As we reported January 24, 2014, the Supreme Court of Canada dismissed the application for leave to appeal the decision of the BC Court of Appeal in Murray. It’s been interesting to see how things are playing out. The Murray fallout is significant, which tells us a little about why the BC Government was willing
Murray fallout – check your IRP disclosure Continue Reading »
Recently we’ve taken note of some articles and musings on the internet suggesting that there is no “safe” amount of alcohol in your body if you drink and drive. That’s complete rubbish. It is not an offence in Canadian law, nor is it unsafe to have a small amount of alcohol in your body while
How much can you drink and drive? Continue Reading »
If we didn’t have the ability to communicate with language, humans would probably be struggling along, like all of the other animals of this world, making grunting sounds and living in trees. Thank goodness for language. And then there’s the ability to record our thoughts and ideas and pass this information to later generations in
Lost DUI knowledge of the ancients Continue Reading »
(UPDATE: New reports are that at least 1 in 5 are successful in having their IRP lifted on review. Our success rate is well above the average, so we bring the numbers up.) When the Immediate Roadside Prohibition scheme first came into effect on September 20, 2010, there was a lot of discussion among criminal
Whether you should appeal an IRP Continue Reading »
