Sometimes legal terms are chosen to make a distinction that doesn’t really exist. A good example of this is the terms we have used in Canada to deal with people who drove while their driving privileges are under suspension. In Canadian federal law we used to refer to a driving prohibition pursuant to the Criminal […]
Driving while prohibited, suspended, disqualified Continue Reading »
The Supreme Court of Canada changed the law at the end of June. Most people won’t notice, but for impaired driving lawyers (we’re a small group in this country) it’s big news. The decision involved someone who was prohibited from driving as a result of a bail condition while they were awaiting trial on an
Supreme Court Ruling: Calculating Time Served for a Driving Prohibition Continue Reading »
The holiday season is a lot of fun with events, get-togethers and good food and drink. It also comes with stress and expenses, obligations and sometimes serious mistakes. Police in BC put in a lot of effort to catch suspected drinking drivers at this time of year which is why we see so many people
DUI at Christmas Continue Reading »
Many people who are charged with driving offences ask us ‘can I drive while my case is before the courts?’ The answer to this question is usually yes. In most cases, after you’ve been arrested for a driving offence, you are released with a court date in the future. There are usually no conditions placed
Can I drive while my case is before the courts? Continue Reading »
People are often concerned about who knows whether they have a DUI. Will your boss get notice? What about your parents or ex-spouse? Will your DUI end up on some gossip website? The question of who knows about your DUI depends a little bit on what type of DUI you’re facing. More on the types
Who knows about your DUI? Continue Reading »
In British Columbia there are various DUI impaired driving prohibitions and due to the crossover of federal criminal laws and provincial highway laws it can get a little confusing. Because there are several different types of DUI driving prohibitions, understanding an impaired driving prohibition is more difficult than you might imagine. Plenty of lawyers are
Understanding an impaired driving prohibition Continue Reading »
We are often asked what happens when the police don’t read you your rights during an Immediate Roadside Prohibition investigation. It is really a question of whether there is a remedy. We know it is not uncommon for the police not to read a person their rights during an Immediate Roadside Prohibition investigation. A couple
When They Don’t Read You Your Rights Continue Reading »
The government introduced changes to the Motor Vehicle Act back in July. The changes affect the Administrative Driving Prohibition (ADP) scheme. There was very little fanfare at the time and consequently there is very little awareness about them. Make no mistake, if you are a driver in BC, these changes affect you and it is
Changes to Administrative Driving Prohibition scheme Continue Reading »
One question we often encounter is what vehicles people are permitted to drive with a suspended license. You can be prohibited from driving for many reasons in British Columbia. You can be prohibited because you got an Immediate Roadside Prohibition, or from having too many tickets. Or you can be subject to an indefinite suspension
Vehicles You Can Drive with a Suspended License Continue Reading »
One perpetual complaint we have with the process at RoadSafetyBC is the manner in which they weigh evidence. If you receive an Immediate Roadside Prohibition or Administrative Driving Prohibition (IRP or ADP) your appeal is held before a delegate of the Superintendent of Motor Vehicles. The problem with the process is that findings of fact
It slices, it dices, it makes small piles and then rejects evidence Continue Reading »
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 the roadside breath test. The second most common is the 90-day Administrative Driving Prohibition (ADP) issued once the driver has
The importance of disputing a driving prohibition for DUI Continue Reading »
A new lawyer has joined the Acumen team. Brandon Moscoe was called to the bar earlier this month. He was sworn in by Kyla Lee at our downtown Vancouver office and we’re thrilled to have him. Brandon joined us last year as an articling student after completing his JD at Thompson Rivers University Faculty of
Brandon Moscoe joins Acumen team as lawyer Continue Reading »
