We’ve said all along that the IRP law is bad law — you can read several hundred of our blog posts to see our opinion on it. What always surprises us is that it was so poorly thought out by the people who wrote the law and promoted it. They did no scientific testing to […]
The IRP law is bad law Continue Reading »
You don’t need a lawyer to tell you that the Government should follow the law. It’s common sense. Unfortunately it’s not necessarily the practice of the tribunal at the Superintendent of Motor Vehicles office over in Victoria. They’ve taken a lot of flack recently in BC Supreme Court decisions, which we think was well deserved.
The Government should follow the law Continue Reading »
Back in August we announced a change of policy. We decided that we would accept clients who wanted us to write to the Superintendent of Motor Vehicles to demand a review of the RDP (Responsible Driver Program) and IIP (Interlock) requirement. We agreed to take on cases for reconsideration of a referral to remedial programs
It’s official: We can have the Responsible Driver Program requirement lifted Continue Reading »
The BC Supreme Court decision in Kenyon v. the Superintendent of Motor Vehicles has people in the BC Government all upset. In that particularly insightful decision, the BC Supreme Court Justice says a lot of smart things including that, in his opinion, the adjudicators at the OSMV are “attempting to rationalize desired results.” He notes
Look at the evidence, then decide Continue Reading »
“It must be recognized that the scheme the Superintendent administers is meant to deter drinking and driving by the imposition of serious penalties on those who do not meet the standard set by the legislation. Within constitutional limits, it is the duty of courts to vindicate such legislation. If, however, the legislation supplements the imposition
A good decision Continue Reading »
B.C. Supreme Court Justice Mark McEwan has torn a strip off the province’s anti-drunk-driving scheme, quashing an Immediate Roadside Prohibition handed to a drunk, naked man in a van who claimed not to have keys for the vehicle. In a judicial review, he criticized as “specious” and “illogical” a Superintendent of Motor Vehicles adjudicator’s ruling
Judge criticizes standards of proof used for roadside prohibitions 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 »
On Thursday, January 23, 2014, the decision was rendered in the first IRP case at the Supreme Court of Canada. We’re celebrating the decision and the quality of our work and contribution to the case. Followers of our blog may recall that back in August 2013, the BC Court of Appeal confirmed an earlier decision
The first IRP case at the Supreme Court of Canada Continue Reading »
When it comes to Immediate Roadside Driving Prohibitions it can be impossible to prove you’re innocent. Although the case law says that the burden of proving the allegation is the job of the police, the Government continues to contest this, claiming it’s an undecided legal issue every time they get to court. And in actual
How to Prove You’re Innocent Continue Reading »
A 90-day IRP for blowing Fail or refusing to blow is a nightmare. It’s a catastrophic blemish on your driving record. It’s an ongoing painful expression of arbitrary government oppression. But is an IRP a DUI? It’s a question we’re asked four or five times a week. And the answer is: sort of. And the
Is an IRP a DUI? Continue Reading »
There’s been a lot happening in the last few weeks, particularly behind the scenes in IRP appeals now before the court. Although we try to keep everyone updated here on our blog, our workload has jumped tremendously since the Wilson, Buhr and Murray decisions were released. Consequently, we’ve been working on client files and neglecting
Behind the scenes in IRP appeals Continue Reading »
The B.C. superintendent of motor vehicles says he was unable to correct the wrongful punishment of a pensioner for drunk driving, even though he was a passenger in a car driven by his stone-cold sober grandson. The man did not file an appeal under the provisions of the controversial legislation that came into effect in
Grandpa’s punishment highlights gap in drunk-driving laws Continue Reading »
