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IRP Immediate Roadside Prohibition Tag

Government to fund Dräger DrugTest 5000 devices in BC

Draeger Drugtest 5000

The federal government announced today that it will be paying for Dräger DrugTest 5000 devices in BC. The money is part of funding being given to police forces across Canada to enforce new impaired driving laws. Organized Crime Reduction Minister Bill Blair was at Vancouver Police Department (VPD) headquarters today (Tuesday) to announce $10.1 million over five years for BC police to fight drug-impaired driving. The money is part of a previously announced $81 million the federal government has promised to provinces and territories for public and road safety activities. It follows a similar announcement recently of $17 million over five...

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Can You Fail a Breathalyzer with Bananas?

The importance of disputing a driving prohibition for DUI

There are a couple of types of driving prohibition for DUI that are issued by the police in British Columbia. The most common is the 90-day Immediate Roadside Prohibition (IRP) issued on the basis of  roadside breath test. The second most common is the 90-day Administrative Driving Prohibition (ADP) issued once the driver has been taken back to the police detachment. In both cases there are pragmatic and strategic reasons to dispute a driving prohibition for DUI in BC. Aside from the loss of driving privileges, there are long-term consequences few people consider.[pullquote]ICBC premiums will increase substantially if you have...

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Immediate Roadside Prohibition Challenge Update

Traffic police isse Immediate Roadside Prohibitions

Around this time last year, a BC Supreme Court judge in Victoria heard a week’s worth of arguments in the constitutional challenge to the third version of British Columbia’s controversial Immediate Roadside Prohibition scheme. Our office participated with another law office to bring about this challenge to the legislation. As you may recall, in April 2016, the BC Government slyly amended the IRP law to reverse the burden of proof. This meant that rather than require the police officer to submit evidence to prove why the prohibition was to be upheld, a person affected by an IRP would have to...

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Wrongly punished for drunk driving

Gastroesophageal reflux disease

Wrongful convictions make for great television dramas. Until about 20 years ago, there seemed to be a significant public appetite to improve the justice system to reduce the risk of wrongful punishment and wrongful convictions. But things changed and we see that our federal government is hell-bent on ensuring people are wrongly punished for drunk driving. You only need to look at Bill C-46 for proof of that. The impudence and sheer in-your-face stupid conceit of C-46 could not have come about if we as a society valued the concept of not punishing the innocent. But despite the television dramas,...

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Innocent of impaired driving in BC

Mouth alcohol from regurgitated stomach contents are a threat to reliable breathalyzer samples

As the annual BC Christmas Counter Attack campaign gets underway, and with the news that Manitoba is introducing an Immediate Roadside Prohibition (IRP) scheme modelled on ours here in BC, we thought it was an appropriate time to discuss those who are innocent of impaired driving in BC. An argument we often hear is that people accused of impaired driving and who succeed in challenging the breath-test readings merely got through due to a technicality. The assumption is that an over .08 reading is enough to assume guilt. The problem with that type of thinking is that it ignores the...

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Criminal Code changes: What to expect in December

With all the excitement of marijuana legalization, the media and the public have largely overlooked accompanying legal changes that will have a significant impact on the rights of drivers. Starting in December, amendments to the Criminal Code related to drinking and driving will come into effect. The new rules are a part of Bill C-46, which received Royal Assent back in June. When you examine some of the provisions, you truly wonder just how they got approved. One explanation is that Bill C-46 is an omnibus bill. With the eagerness to push through cannabis legalization, the government was willing to...

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Acumen Law Corporation Pirate Takeover: I Arrr Ps (I.R.P.s)

The pirate takeover of Acumen Law Corporation's website sets sail with this guide on what to do if you get an I.R.P. If you set sail off the Barnacle Coast (B.C.), the Royal Navy could give you an I Arrr P (Immediate Riverside Prohibition/I.R.P.). Maraudin' Mary Maritime and Impaired Pete the Pirate give some helpful legal advice on what to do if you end up with an I.R.P....

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Judicial Review successes for Kyla Lee of Acumen Law

Regular readers of this blog will be well-aware of our concerns with the adjudication of driving prohibitions by the Superintendent of Motor Vehicles. Salient legal arguments in Immediate Roadside Prohibition disputes regularly appear to be disregarded or particular issues are scrutinized to the point that other issues are ignored. Perhaps it has something to do with the fact that adjudicators are technically civil servants and not legal professionals. Our concerns appear to have been shared by the BC Supreme Court in two recent decisions where driving prohibitions that had been upheld by the Superintendent’s office were then overturned by the court....

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