DUI / IRP Roadside Suspension Appeals Lawyer Delta, Surrey BC
Years of DUI Trial Experience
WARNING! New DUI laws in place in British Columbia for immediate roadside prohibitions and suspensions. You can be detained and prohibited from driving on the spot for a BAC as low as .05!
For your Vancouver Surrey / Delta DUI Lawyer contact D. Gosal & Associates.
DUI Roadside Suspension BC
You’re certainly not driving impaired or drunk driving. But the police officer pulls you over for no apparent reason. The Officer is now investigator, detainer, fact finder, judge, jury and instant executioner. You’re told to blow into a machine. Your car is now towed for 30 days, you can’t drive for at least 90 days and you have no right to a lawyer – despite not being impaired. You call a cab to get home. How will you get to work tomorrow? How will the kids get to school? Want 3 months of the Bus and bumming rides while you wait to get your license back? Don’t think so. Facing DUI or impaired driving charges? What do you do next?
First, go to the Responsible Driver Program (RDP) at over $900. Second, install an Ignition Interlock into any car ($1,500) you will be driving, for at least 1 year. The interlock tests the driver’s breath sample each time you start the car. You will have to complete both RDP and the Ignition Interlock Program before you can even get your license. See my DUI Blog Post for the recent article that cites delays of 2-6 weeks just to get the machine. So your 90 day DUI suspension may potentially become a 4-5 month delay! We understand the stress, hardship and bewilderment that you are experiencing.
The chips are stacked against you. YOU NEED TO GET THE BEST DEFENCE YOU CAN. The OSMV does NOT consider hardship or compassionate grounds. How to deal with it? What are your chances of winning the appeal or review? Forget about sifting through ads for the top dui lawyer or best impaired driving lawyer. The only thing will work are refined legal arguments with facts attacking the narrow enumerated grounds within the legal framework of the statute. This requires honed skills that we have acquired over the last decade fighting DUI Criminal Trials.
A Few DUI Cases Won (click to view articles)
IRP DUI Richmond Lawyer Dil Gosal WINS for RICHMOND man who blew Two Fails!: August 15, 2011
IRP DUI Lawyer Dil Gosl WINS Case for KAMLOOPS MAN: July 29, 2011
CLICK HERE: IRP DUI Lawyer Dil Gosal WINS CASE AGAIN: July 29, 2011
IRP DUI Lawyer Vancouver DIL GOSAL WINS CASE July 2011
Why Hire Dil Gosal?
DUI Defense Experts
D Gosal & Associates specializes in Criminal Defence and Personal Injury across British Columbia and Washington State, with an emphasis in driving cases, including DUI, dangerous driving and serious motor vehicle accidents. Lawyer Dil Gosal has over 12 years of criminal defense experience fighting DUI jury trials and license suspension appeals from the DOL and Superintendent of Motor Vehicles. These are complex legal issues and you need an experienced DUI suspension appeals attorney to represent your case. Call us before you take a plea.
IF YOU WISH TO REACH US AFTER HOURS OR WEEKENDS call 604.598.1118, email or contact form. The police work on weekends to give license suspensions and so will we. SATURDAY OR SUNDAY MEETINGS BY APPOINTMENT ONLY. Working with DUI cases in Delta, Surrey, White Rock, and Greater Vancouver BC, D. Gosal & Associates brings over a decade of DUI / IRP experience.
Flat Fees
These are tough economic times and I know you are facing a lot of financial pain right now with this driving suspension. Deciding if you should conduct the Review or Appeal is a big decision. I’ve established a successful practice over the years based on honesty and integrity. My job is to educate you so you can make an informed choice about what is right for you. That’s why I offer competitive, Flat Fee Pricing. I offer a FLAT FEE of $375 (plus HST) for reviewing your documents and providing an opinion on the validity of the case and chances for success. If there is little or no chance of success on your driving license suspension appeal, then why waste more money on a fruitless appeal or review?
If you decide to go ahead with the Driving Prohibition Appeal after our advice on the viability of the appeal or review, I then offer a FLAT FEE for conducting the actual Hearing Review. These fees are typically $900 to $1,300 (plus HST) depending on the complexity of legal issues and time involved. These fees are significantly discounted compared to our regular DUI/Impaired charge fees, which are typically $6,000 to $7,000 (plus HST) for one day. With our reduced, flat fee pricing, you get to take advantage of our DUI trial battle knowledge on your License Suspension Appeal.
We also offer the Attorney Client and Solicitor-Client Privilege. This means that you can tell me all the details of the case, including things the Police may not know, and we are not bound to tell that to the Adjudicator. We can use sometimes use that to our advantage, in terms of the Adjudicator not having certain “admissions” by you, if you conduct the hearing on your own.
Proof is in the Pudding – DUI Case Acquittals
Here are some of the judicially reported DUI cases, i.e. case law precedents, from the actual court judges where my criminal DUI clients have been acquitted. When choosing a lawyer, you should ask how many Reported Decisions has in that specific area.
Regina v. Hostacny Regina v. Dolan Regina v. Davidson
Regina v. Wang Regina v. Kiani Regina v. Sandhu
Regina v. Parhar
Click my DUI BLOG POST for the latest information. Read below for more information on the new laws.
Dedication to the Study of DUI
My first trial out of law school, during the Clinton Years, was a serious DUI jury trial where the Defendant was looking at 45 days jail for his second conviction. After countless hours of case and witness preparation, knowing the facts, preparing jury instructions, researching the law, and being able to talk to the jurors, we went to trial. And we got a hung jury. My client never went to jail. Ever since that first trial, I have felt the jeopardy and uncertainness my clients experience in DUI Cases have because of the pending charges. For many of my clients, the charges are the worst thing that has ever happened to them. We can help. See Testimonials for real client stories.
Our private library consists of over a dozen publications on Drunk Driving Defence. We get weekly updates on DUI law in the US and Canada and monthly case law summaries. We subscribe to several leading publications in the area and attend Continuing Legal Education Seminars dedicated to DUI Defense.
This area is highly technical and is as complicated as you can get in a court of law. Even more complex than many felony offenses. Washington State and British Columbia have some of the strictest laws on Impaired driving/DUI in North America. With the per se legal limit being lowered to .08, the fight against DUI laws is increasingly harder, but not impossible. Even if the breath ticket claims that your Blood Alcohol Concentration (“BAC”) was over .08, you may have several defences. Contact Attorney Dil Gosal without delay. At arraignment or first appearance, always please Not Guilty, until you have consulted with a lawyer. You can always change your plea afterwards.
Criminal DUI or Impaired Driving Charges
What to Expect
You’ve been arrested for DUI/ Impaired Driving or Refusal and put in the back of the police cruiser. You were read some breath demand, taken back to the police station, and put in a room where the BAC Datamster sits, waiting for your blow. You’re scared, dazed and confused. You’re thinking of your job, your family and what kind of mess you’re in. Luckily, you don’t spend the night in jail.
The constable has given you a bunch of papers, you signed something, including a Promise to Appear, a blue carbon Notice of Administrative Driving Prohibition under 94.1 of the Motor Vehicle Act, Certificate of Service under s.94.3 of the MVA, another smaller blue Notice of 24 Hour Prohibition, A Certificate of A Qualified Technician who took samples of breath in that room. You now have dates for fingerprint. And you never thought this would happen, your first court appearance before a Judge. If you’re found guilty, you get:
- 1 Year License Suspension with no work-exceptions
- Criminal Record
- 10 Driver Points on your BC driver license
- $1,000 fine
- If you were in an accident, ICBC will likely “automatically breach” your insurance coverage
All is not lost though. Remember, an ARREST IS NOT A CONVICTION.
CLICK HERE for The New Driving Suspension – Prohibition Scheme
Large Blue Paper (ADP Suspension) Notice of Administrative Driving Prohibition (ADP) under 94.1 of the Motor Vehicle Act, Certificate of Service under s.94.3 of the MVA. You will likely be issued this if you blew over .08, or refused to provide a breath sample.
If you were provided this on the day of your arrest, you must act immediately otherwise, you may lose your license for 90 days automatically. You have a right to have the Prohibition (suspension) reviewed by the Superintendent of Motor Vehicles under s.94.4 of the Motor Vehicle Act. If you do not file a review within 7 days of the Notice of Prohibition, you will be prohibited from driving effective 21 days from the date of service of the Notice of Driving Prohibition.
The Superintendent does not consider compassionate grounds for your review. You won’t get a reversal if you’re a nice guy, have a mortgage to pay, have 3 kids and need your license for work. The defences are based on documentary evidence and legal arguments. That’s why you should consult us immediately. We have helped numerous drivers win their appeals and get back their licenses. Of course, there is no guarantee of success. But because we specialize in this area, we have a good understanding of the legal principles involved and the questions of fact and issues of laws that arise in this type of case. Once we make submissions on your behalf, we then await the decision of the Adjudicator. That decision is final from ICBC, except that it can be reviewed under the Judicial Review Procedure Act before a BC Supreme Court Judge.
Small Blue Paper (24 Hour Driving Prohibition) If you were given this form, it is probably a 24 hour Driving Prohibition. Again, you must appeal within 7 days, or else it will become part of your Driving Record and Abstract. ICBC Driver Services, through the Office of Superintendant of Motor Vehicles, may require you to attend Stroh’s Alcohol Clinic before being relicensed. If you receive two or more 24 Hour Prohibitions within a year, you will face separate fines under ICBC Driver Risk Program. The grounds for appeal are limited to:
- that they cannot prove you were driving or in care or control of the motor vehicle; or
- the officer failed to administer a blood alcohol test when requested to do so.
These are legal issues where we can assist you in your appeal.
Vehicle Impoundment Program
On a 24 Hour Prohibition, the officer can also cause the vehicle to be impounded for 24 hours, and this impoundment is not appealable. A vehicle is towed, stored and locked at an impoundment lot for 30 days if you do not have a valid license and have been previously convicted of driving without a valid license. A vehicle will be impounded for 60 days if your license is prohibited or you have been previously convicted of driving while prohibited.
If your vehicle was involved in a drag or street race, the officer can cause the vehicle to be impounded for 48 hours, or up t0 30/60 days if previous street racing or driving while prohibited status.
At the end of the impoundment, you will have to obtain a Request for Release form from ICBC, go to the impoundment and pay impoundment and storage fees. Typically, this is about $15-$25 per day!
Appealing the Impoundment: in certain cases, we can appeal the impoundment on grounds of economic hardship or other grounds.
First Appearance & Fingerprints
You’ve signed a Promise to Appear or have been given a Summons to attend Court. Contact us before going to court. We can appear on your behalf in court, which will allow you to work and not have to attend the first court appearances, subject to the court’s order or trial dates. If you do not have counsel, the reality is you may be waiting several hours for your name to be called on the docket.
DUI Penalties
The Penalties are equally harsh and double edged. Penalties can occur on both the Criminal Side and the Civil Side with an Enhanced Penalty scheme for certain offenders.
Civil Penalties
On a first offence, even if you are not found not guilty, the DOL and the Superintendent of Motor Vehicles will civilly suspend your driver licence for 90 days, unless you pay fees to contest the hearing and win it. BC does not offer occupational driver permits.
In British Columbia, the offenses (Impaired, over .08, and refusal) are criminal offences and can be charged as Summary or Indictable matters.
Under the New Legislative scheme of the Criminal Code, RSC
On your First Conviction:
- a mandatory minimum Court Fine of $1,000, plus
- 15% Victim Fine Surcharge of the Court Fine
- 1 year Driving Ban (Prohibition) across Canada
On your Second Conviction:
- a mandatory minimum of 30 days jail
- a mandatory minimum of a 2-5 Year Driving Ban (Prohibition) across Canada from the Criminal Court
- a minimum 3 Year driving prohibition from the Office of Superintendant of Motor Vehicles (OSMV)
- 10 Driver Points on your License from ICBC or
- Driver Risk Premiums
On your Third or Subsequent Conviction:
- mandatory minimum of 90 days jail
- possible lifetime license prohibition
- 10 Driver Points on your License from ICBC or
- Driver Risk Premiums
ICBC Consequences from Criminal Convictions:
- Driver Point Premiums (“DPP”) for Impaired offences, which can lead to additional license prohibitions and large payments for DPP.
- Driver Risk Premiums (“DRP”) for Impaired offences, which lead to large fines. One conviction will result in $905 of penalties. A second conviction will be $3,760. DRP is separate from Autoplan, so you will be billed even if you don’t insure a vehicle. If you don’t pay, then ICBC will charge interest on the debt and may refuse to issue you a license or deal with insurance transfers until the debt is paid.
- Ignition Interlock: Installing a device into any car that you operate, which tests for breath alcohol. The machine can be costly to install and maintain, and depending on the circumstances, may be required for up to 10 years.
- Automatic Insurance Breach: you may have to pay for all the property damage to the vehicle you were in, damage to other vehicles, any tort or personal injury claims, and legal fees from injured parties.
The Crown and the State are serious about prosecuting you; you should be just as serious about getting legal representation to protect your rights. Don’t underestimate the power of the State and don’t underestimate the power of a defence lawyer.
Blowing over .08 – The Fallible Datamaster Machine
The BAC Datamaster machine attempts to determine what your blood alcohol concentration (BAC) is, by taking samples of your breath. The Datamaster uses infrared spectroscopy (IS) to capture and absorb any ethanol (alcohol) molecules. There are a number of problems that can cause false and high readings.
The Datamaster has many high-tech components, and as we all know from our own computer use, things can go wrong and crash. Operator error can also affect the result, as can simulator solutions and problems with the E-prom chips. Software errors, problems with the thermistor and sample chamber can also cause problems. Improper procedural safeguards can also call into question the evidentiary significant of the results.
This is a highly complex area of the law and requires a forensic understanding. Contact D. Gosal & Associates immediately if you have been charged with an alcohol-related offence. Just because the machine says you were over .08, does not necessarily mean that your BAC was in fact over .08.
High BAC Penalties
In Washington State, if you lose the DOL hearing, in addition to the license suspension, you will be required to get SR-22 insurance (financial responsibility) for 3 years even before an occupational license is granted and have to pay relicensing fees.
Statutorily-Enhanced Penalties: In Washington State, if your BAC reading is above .15 or you are found to have refused, your penalties grid is higher on both the Civil Side and Criminal Side. License suspensions can increase to two years on the Civil Side.
Criminal Side: Washington State legislators have made DUI a Gross Misdemeanor, which comes with a maximum of 365 days in jail and $5,000 in fines. Mandatory minimums jail sentences also apply, as do Implied Consent Statutes.
In Washington State with a BAC reading under .15, you will receive:
- On a first offense, 1 day jail or Electronic Home Monitoring (“EHM”) for 15 days.
- On a second offence within 7 years, you will get 30 days jail, plus 60 days EHM.
- On a third offence within 7 years, you will get 90 days jail, plus 120 days EHM.
In Washington State, with a BAC reading of over .15, or a refusal, you will receive:
- On a first offense, 2 days jail, or EHM for 30 days, plus 1 year license revocation.
- On a second offense, 45 days jail, plus 90 days EHM, plus 900 day license revocation.
- On a third offense, 120 days jail, plus 150 days EHM, plus a 4 year license revocation.
- Under either sentencing grid, you may also be required to obtain alcohol/drug treatment evaluations and follow treatment plans. You can have a period of probation supervision, where the balance of the 365 days are suspended and remain available to the judge if you breach a condition.
CLICK HERE for Excerpt of the Motor Vehicle Act
D. Gosal – your DUI Lawyer – serving Delta, Surrey, and Greater Vancouver BC.
