We’ve been so busy in the last few months that we’ve barely had a moment to lift our heads and take a look around. Aside from forcing the Government to abide by the law concerning the Interlock and RDP remedial requirements, we’ve got the IIP lifted for a huge number of clients and the RDP lifted for a great many. We started a class-action lawsuit and began sifting through the information of several hundred people who wish to be a part. We’ve succeeded in a large number of IRP hearings in April and May. We’ve resolved dozens of criminal cases and driving matters. So we’ve been busy. No break for us. We’re hard-working lawyers.
We have enough news and insight every day to write a lengthy blog post. The problem is a lack of time. So in this post we’ll provide quick updates on everything. This way you know what’s happening.
Lifting the Interlock and RDP requirement for IRPs and ADPs:
We’ve lost track of how many clients we’ve represented who have now had the Interlock requirement lifted. In most cases we now get a response from the OSMV in a few days after we make our submissions, and in every case they’ve lifted the interlock requirement. For some reason there are about 6 files that they seem to refuse to consider. We’re not sure what’s going on. We are assured when we phone that these clients will have their cases reviewed right away. The problem is that days pass and it starts to seem like something is going on. Or in these case, nothing is going on. In any event, we will file Petitions in BC Supreme Court to seek orders forcing quick consideration for these few clients if we receive those instructions.
The pattern we have detected is that, if you’ve paid for the RDP, the OSMV will not exempt you. Of course, that makes no sense. We think it’s an attempt to reduce the damages that they may be forced to pay down the road in the class-action suit.
In the last month hundreds of people have had the Interlock removed from their car. We hear that the people who install and remove the interlock are not happy with us. Our clients are happy with us, however, which is what matters.
The class-action suit for people wrongly referred to the Remedial Programs:
Hundreds of people have completed the online form to indicate they want to participate in our class-action lawsuit to recover damages for being wrongly referred to the IIP (interlock) and RDP due to an ADP or IRP. The time frame we have discerned so far is 2008 to right now, May 2013. Our main litigant is a person who was forced through these programs due to an Administrative Driving Prohibition. This client had a perfect driving record and was acquitted at the trial we conducted. We also think the breath analysis was faulty.
In any event, we’ve been putting everyone in our database to contact in the coming weeks. There are hundreds of people and ultimately we expect thousands to join once the word gets out. Because of the election, the story has been shunted to the side. However, some reporters are working on this story and other problems related specifically to the legislation now that the remedial requirements are no longer automatic.
Appealing an Immediate Roadside Prohibition:
Each month we obtain through Freedom of Information requests decision in IRP appeal cases from the OSMV tribunal. We succeed more than any other law office. We’re number one. Interesting for us reading the decision is that we’ve discovered a number of issues that were never on the radar of anyone, let alone the OSMV and the Government when they created the IRP law. A handful of people are successful on their IRP appeal without knowing why and we see in the reasons that it was because of a defence that we brought before the tribunal.
If your friends have an IRP, tell them to call us. We’re on a holy quest to advance the best defence possible on every IRP.
What’s going to happen with IRPs?
Getting an Immediate Roadside Prohibition is a terrible thing. Aside from the prohibition, fines, additional costs and the stigma, as well as the simple fact that you might be innocent, it stays on your driving record. As far as we’re concerned, ICBC is deliberately vague about how an IRP will affect your insurance rates. We note that driving prohibitions seem to be recorded on driving records going back to the 1990s, and over the years the Government has changed the rules several times about punishing people on the basis of historic notations on their driving records.
The good thing (you can thank us and our courageous clients) is that if you receive an IRP today there’s a good chance that you won’t be forced to get an interlock. Now it depends on a review of your driving record. If you are referred to the IIP interlock program or RDP we can dispute it.
The election and the Government of BC:
The last time the NDP were in power it was awful. They were patronizing and generally speaking they were poor managers. In the last 3 years the BCLiberals were complete screw ups. Flip-floppers, exploiting hot-button issues, and employing all sorts of creepy demagoguery, the BCLiberals behaved like insecure bullies particularly when it came to the IRP scheme which was originally intended to redirect attention from their HST fiasco.
Now they have a mandate and a bunch of new people. We hope that they take a step back and, with the benefit of having a secure position for a few years, try to stop their bad behaviour. The Premier lost her seat. We helped with that a little. We hope it serves as a lesson to her that it’s not a cake walk in BC. Just because the opposition is unpalatable doesn’t mean that the BCLiberals will be given carte blanche every four years.
We are optimistic about the new management at the OSMV. We’ve already noticed some progressive changes. Keep your fingers crossed.
Other cool things:
You may not know that Paul and Kyla are all qualified to conduct roadside sobriety testing. Each of us trained in the United States to be certified to conduct Standardized Field Sobriety Tests (SFST) following the procedures set out by the NHTSA. This is the same training and procedure taught to officers in Canada. We’ve found it to be useful to know the police training with drunk driving investigations and with the various breathalyzers because the police never seem to follow the correct procedure. Impaired driving law and investigations are complex and difficult to understand. We do what we can to make sure that we understand them better than the police.
In addition to almost every type of breathalyzer ever used in Canada, we also have a radar gun and an LTI laser speed gun. Why do we collect this stuff? It’s interesting and with each piece of police technology we acquire we learn more about the strengths and weaknesses of certain procedures and evidence. We defend a lot of tickets in traffic court, including speeding tickets. Often we seem to know a lot more about the police equipment than the officers who use them. Often it gives us the upper hand.
We now have two locations! For some time we’ve needed more space and in Vancouver, as you might imagine, it’s expensive. We noticed that we have many clients in Richmond, Surrey and Delta who need help with with driving cases, shoplifting and assault charges. So to better serve our clients and to keep our fees low, we’ve opened a new large office located at 5800 Cedarbridge Way next to the Richmond courthouse. The nice thing about our Richmond location is that we have free parking, much more office space and a laboratory.
(UPDATE: We also now have a Surrey office! Phone 604-593-8580 Address Suite 210 13711 72 Ave Surrey BC)
As the leading IRP firm in British Columbia we now act for people all around the province. One result is that more and more clients want us also to handle their ICBC injury case or personal injury lawsuit. We have reluctantly accepted these cases because of our lack of office space. But we found that our skills also allow us to get really good settlements for our personal injury clients. Now that we have our Richmond law office we will expand our litigation practice to handle ICBC cases for the general public.
That concludes your updates on everything. Thanks again for following our blog and please enjoy your long weekend by driving safely!