Posted on Mar 25 2015



The proposed legislation now removes virtually the only golden thread of common Law that was left in the IRP scheme, which was that the burden of persuasion rested with the officer to confirm the evidence was sufficient on a FAIL or REFUSAL. Now, the burden is placed upon the citizen to establish sufficient evidence of his innocence.  The presumption of innocence was removed with even the existing IRP scheme, as the vehicle is towed and prohibition starts immediately, without any due process until a Review was filed, and usually a decision not reached until almost 3 weeks into the prohibition.

The proposed Legislation, which is at first Reading, reads in part:

32 Section 215.5 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) The burden of proof in a review of a driving prohibition under section 215.48 is on the person on whom the notice of driving prohibition was served. [emphasis added]


-Also, as is the case now, despite the express requirement of the officer having to make a demand of one’s breath under the Criminal Code, the Adjudicator does not even look to the lawfulness of the grounds for the demand in a Fail. 

-You are not currently allowed to cross examine the officer, and there is no day in court.  The court backlogs are all cleared up, as no Trial Rights exist, and yes, you get lesser penalties than a Criminal DUI, but you are steamrolled by the Motor Vehicle Act instead, which is virtually a Charter of Rights & Freedoms Free Regime.  All this as we celebrate 33 years of the Charter, and upcoming 150th Canadian B-day. 

-For those that are seriously impaired, they get off with just a civil IRP, and given the basic decriminalization of DUI in BC, don’t face serious Judicial consequences.  All in the name of ‘protecting the public.’

Perhaps worth a reflection.  


Posted on Oct 13 2014

Did you know that DUI charges rise during the holidays? ’Tis the season to be jolly, of course, but a driving under the influence charge will put a damper on festivities, and fast. Avoid the stress and legal problems of a DUI and use a designated driver this holiday season.

There are many ways to make using a designated driver easy. Follow these tips and tricks and enjoy the holidays responsibly!

Designated DriverFind a Designated Driver Ahead of Time

If you wait until you are already at a holiday party, where people have been drinking, you may be out of luck when it comes to finding a responsible, sober driver. If you make arrangements ahead of time, you can make it work. Consider carpooling and ensuring that the designated driver remains sober.

Share Designated Driver Duties

If you have a lot of holiday parties to attend, it is a good idea to share the role of designated driver within your social group. Every person can take a turn at a different party, allowing holiday cheer to be spread evenly across the group.

Thank Your Designated Driver

The designated driver in your group will likely still have fun, but they have a big responsibility. Thank your designated driver — you can even offer to take him or her out for breakfast the next day, or better yet, return the favor in the future. 

Use Public Transit or a Taxi

If you cannot set up a designated driver within your group of friends, do not risk driving under the influence. Look up public transit schedules before attending a party, or ensure you know the number for a few local cab companies. It is better to pay a small amount of money for a safe ride home than to drink and drive.

DUI’s are meant to keep everyone safer on the roads. Don’t take the risk of drinking and driving.

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