OSMV Archives

Drivers face double standard with drug-related suspensions

Oct 8 2013

B.C.’s Superintendent of Motor Vehicles is looking to change the province’s laws so drivers allegedly impaired by drugs can appeal 24-hour roadside suspensions. Both alcohol and drug-related 24-hour suspensions are issued under different parts of Section 215 of the Motor Vehicle Act. While drivers allegedly impaired by alcohol have the right to a review, drivers […]

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Tribunal with unsound methods

Sep 25 2013

As we’ve explained before, and was clearly stated in the Spencer decision, the OSMV tribunal lacks many of the fact-finding features necessary to make reliable decisions when reviewing an IRP driving prohibition. The legislation prohibits cross examination of the officer. The OSMV tribunal made the decision, without anything in Motor Vehicle Act to back it

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Missing Certificate

Sep 16 2013

The BC Supreme Court has rendered a decision in Longstaff v. British Columbia (Superintendent of Motor Vehicles) changing the way Administrative Driving Prohibitions DUI cases are going to be addressed by the OSMV tribunal, particularly with respect to missing certificate cases. An ADP is different from an IRP, but has many of the similar consequences.

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What does this Superintendent’s Report kerfuffle mean to me?

Aug 19 2013

Last week we received a decision in BC Supreme Court in one of our IRP appeals in which the court ruled that the Superintendent’s Report on Approved Screening Devices is inadmissible in IRP review hearings. Since then, former clients and readers of our blog have been emailing to ask what it all means. This is

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Appeal ruling on the breathalyzer report

Aug 15 2013

When we put the news out on Monday concerning the appeal ruling on the breathalyzer report used by the Superintendent of Motor Vehicles, we didn’t expect to cause such a stir. A few minutes after we put up our News Release and tweeted it, the hits started flooding our blog. A few hours later our

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I got a letter saying I need to enroll in the RDP program!

Jul 25 2013

Every day right now we receive dozens of phone calls and emails saying: I got a letter saying I need to enroll in the RDP program. I’ve been driving for two months already since my IRP ended. My finances are in a bad state indeed and I simply can’t do this RDP thingy, whatever the

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Whether you should appeal an IRP

May 23 2013

(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

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Government attempts to fracture the IRP class action suits

$Government attempts to fracture the IRP class action suits$

May 6 2013

One thing we’ve learned in the last few years in our battle with this BCLiberal Government over the IRP scheme is that you can’t trust this Government to do the right thing. In fact, you can’t trust this Government. It’s not that every utterance of this Government is a lie. Certainly that’s not the case.

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Working hard and doing a good job

Apr 24 2013

The fax machines at our offices in Vancouver and Richmond were working overtime Tuesday as we started receiving a great number of review decisions from the OSMV lifting the interlock requirement for our clients. We’ve been working hard to call everyone when the review decisions come in. These are long days for us. It’s a

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Foreshadowing the future of the IRP scheme

Apr 22 2013

It’s startling when you read back though our blog posts over the last few years how well we predicted certain developments in the story of the Immediate Roadside Prohibition scheme. We’re not patting ourselves on the back here — we’re lucky in that we happen to be in the right position to have been able

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If you still have an interlock

Apr 19 2013

We’re working hard to put everything together for the class action. The BC Government wrongly referred a great number of people to complete so-called remedial programs, i.e. get an interlock and go through the RDP. We believe that the Government’s wrong and the damage it caused can be remedied by way of a class-action lawsuit.

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Interlock class action

Apr 16 2013

We can confirm that we intend to proceed with an interlock class action lawsuit. For over a year we have been collecting the evidence and doing the legal work necessary to begin an action against the BC Government for people who were wrongly forced to have an interlock and go through the Responsible Driver Program.

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