DUI / IRP Defense Lawyer in Greater Vancouver & BC Interior

DUI / IRP Defence Lawyer – Greater Vancouver & BC Interior

DUI Trial, Immediate Roadside Prohibition - Suspension Reviews, Appeals Experts

YOU’VE JUST LOST YOUR LICENSE FOR 90 DAYS ON THE SPOT & THE VEHICLE YOU WERE ALLEGEDLY DRIVING IS IN A TOW-YARD ACCUMULATING STORAGE FEES.  IN EXCHANGE, YOU NOW HAVE TWO BLUE PAPERS, AND YOUR LIFE IS NOW UPSIDE-DOWN.

DO NOT MAKE ANY MORE MISTAKES.

YOUR NEXT STEP IN HIRING THE RIGHT LAWYER IS ABSOLUELY CRITICAL IN TRYING TO GET YOUR LICENSE & CAR BACK:

YOU NEED TO HIRE THE DEFENCE YOU DESERVE – HIRE THE ONE & ONLY DIL GOSAL.  AFTER YOU GO THROUGH OUR WEBSITE YOU WILL KNOW WHY YOU SHOULD HIRE US.  

Under British Columbia’s Decriminalized DUI Laws – the Immediate Roadside Prohibition (IRP) is an Administrative Driving Prohibition/Suspension under the Motor Vehicle Act, and you only have 7 days from receiving the Notice of Prohibition to file an Application for Review form with ICBC Driver Services,  select the type of Hearing (oral or written), select the grounds for Review, and pay the Government the Review filing fees. HIRE US BEFORE YOU DO THIS IF YOU CAN.

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 that was meant merely for screening drivers, and now it’s deemed you Guilty on the spot.

Your car is now towed for 30 days, you can’t drive for at least 90 days and you had no right to a lawyer at the scene - 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. News articles have cited 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.

YOU NEED TO GET THE DEFENCE YOU DESERVE ASAP, FROM A LAWYER WITH OVER 15 YEARS OF DUI & IRP EXPERIENCE IN YOUR CORNER.  EVERYONE MAY SAY THEY ARE THE TOP IRP LAWYER IN BC OR THE BEST DUI IRP LAWYER.  I SUGGEST YOU DO YOUR HOMEWORK DILIGENTLY, AND I SAY THE PROOF IS IN THE PUDDING.

CLICK RIGHT BELOW TO READ OUR ACTUAL- REAL LIFE - IRP AND DUI DECISIONS, TO GET AN IDEA OF WHAT KIND OF CASES WE HAVE WON, WHERE WE GOT CLIENTS THEIR LICENSES AND VEHICLES BACK, AND NO REMEDIAL PROGRAMS LIKE RDP OR IGNITION INTERLOCK; AND ALL TOW, STORAGE, FILING FEES, PENALTIES REVERSED:

IRP REFUSAL WIN: Vancouver Police Roadblock allegation of Refusing to Blow into ASD reversed.

IRP REFUSAL WIN: Fort St. John’s Gas Oil Operator wins alleged Refusal of ASD.

IRP WIN: Alleged IRP Refusal after 18 rounds of Golf at Kamloops Golf Course.

IRP WIN:Alleged Double Fails into ASD after allegedly being hammered at Casino.

IRP WIN for Surrey Lawyer Dil Gosal. See more about the decision.

IRP Double Fail WIN for Surrey Lawyer Dil Gosal.

IRP Win for DUI Lawyer Dil Gosal.

IRP DUI Lawyer Dil Gosal WINS for SURREY man who blew Fail, but Wins Refusal Case.

IRP DUI Lawyer Dil Gosal WINS for RICHMOND man who blew Two Fails!

IRP DUI Lawyer Dil Gosal WINS Case for KAMLOOPS man.

IRP DUI Lawyer Dil Gosal WINS Case Again.

IRP DUI Lawyer Dil Gosal WINS VANCOUVER Case.

IRP DUI Lawyer Dil Gosal Gets Decision where client was allowed to get his keys back after DUI Prohibition!

BC Supreme Court Decision regarding 90-Day Suspensions

DUI Case Acquittals – Proof is in the Pudding

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 to defend your DUI/IRP case in Vancouver or across British Columbia, you should ask how many Reported Decisions they have in that specific area.

Surrey man drinks beer and gets off. See ADP Case Victory.

Regina v. Hostacny;   Regina v. Dolan;   Regina v. Davidson;   Regina v. Wang;

Regina v. KianiRegina v. SandhuRegina v. ParharRegina v. Oakley

MY TRACK RECORD OF OVER 15 YEARS OF HARDCORE DEDICATION & ACTUAL DUI IRP SUCCESS IS TRIED, TESTED, TRUE. MANY MAY MAKE THE CLAIM:  I’LL LET YOU DECIDE: AS THEY SAY, THE PROOF IS IN THE PUDDING. Each case of course depends on its own facts, and applicable law, and no guarantee of outcome is ever made.  However, the efforts made in these Decisions speak for themselves.

FEW LAWYERS CAN PROVIDE SUCH A TRACK RECORD THAT SPEAKS FOR ITSELF, FROM ACTUAL COURT (JUDGE) OPINIONS AND THE IRP OFFICE OF SUPERINTENDENT OF MOTOR VEHICLES (OSMV) & ROAD SAFETY BC ADJUDICATORS.  Use that when comparing who to hire. Best-DUI-IRP-CaseBooks-Dil-Gosal-Surrey-Vancouver-Lawyer-300x200

UNIQUE EDUCATION & EXPERIENCE: Get my Documented Experience Working for You in Your Corner in your fight against your Prohibition and or Criminal Code charges. Don’t leave this up to chance, or hiring someone with less trial battle skills, or less dedication to the IRP Scheme.

WE HAVE RELENTESSLY & ZEALOUSLY STUDIED THE BC Government and Police APPROVED SCREENING DEVICE (ASD) – Currently the AlcoSensor DWF IV used by the police across BC  that caused your alleged IRP FAIL, as well as litigated the BAC DATAMASTER and alleged IRP REFUSAL caseslaw since 2000.   That’s a Lot of Time to get to know the Delicate Nuances of the this Complex, Technical Area of Law.

As the well respected Honourable Court Judge Bastin, PCJ opined back in my reported pled case of Regina v. Wang (see below for full reported case link).  The Judge wrote, after our arguments “This trial, characteristic of these sorts of cases, has been a contest of much technicality. These cases are very technical. The “i’s” must be dotted and the “t’s” must be crossed, and that is usually the way these cases unfold, and that is the way this case has unfolded.”  We won that case for Mr. Wang, and did our homework.

When you receive a DUI, the chips are stacked against you. YOU NEED TO GET THE BEST DEFENSE YOU CAN. The OSMV does NOT consider hardship or compassionate grounds. How to deal with it? What are your chances of winning the review?  Forget about sifting repeatedly through google ads hopelessly for the top DUI lawyer; a lot of people claim they are.  The only thing that 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 D. Gosal & Associates have acquired over the last decade representing clients in DUI Criminal Trials and IRP cases.

I was also Schooled  – including two law degrees from the US: a Juris Doctoris (J.D.)  including advanced Master of Laws (LL.M.), and Experienced in the Aggressive US DUI Court System,  including US Federal Court.

We have aggressively  pursued the striking down of unlawful laws, advance Constitution – Charter issues.  As an example, we were able to have the Court Suppress Breath Tickets, and find Constitutional Violations in the spread of ‘Standardized Field Sobriety Tests’  (SFST) developed in Los Angeles and regulated by the US National Highway Traffics Safety Administration (NHTSA).

I was the First Lawyer in British Columbia to successfully suppress in BC Courts, the US NHTSA SFST HGN Field Sobriety TestsHorizontal Gaze Nystagmus (HGN) tests back in 2002.  The case is cited above in full text, Regina v. Sandhu, 2002 BCJ 696, 42 MVR (4th) 73.  That is the kind of zealous representation You Need.  Here is a copy of the Manual we used to challenge and win the Case.

IRP – Immediate Roadside Prohibition FAQ

Having defended clients across British Columbia for DUI and IRP charges for over 15 years, many common questions arise.  Here are some general frequently asked questions (FAQ), and general responses.  This is not legal advice, and you should

 
HGN Field Sobriety Tests

Contact Us immediately if you have been charged with an Immediate Roadside Prohibition (IRP) Fail or Refusal under section 215.41 the Motor Vehicle Act, or are facing Criminal charges under the Criminal Code, for DUI, Impaired Driving, Over. 08, or Refusal allegations.   Very strict time limitations apply for filing a review of the IRP with the Ministry of Justice – Office of the Superintendent of Motor Vehicles –  RoadSafetyBC, and you must act accordingly to preserve your right to contest the allegations.

I was pulled over and given an IRP Fail or Refusal, and now I have a 90 day Immediate Roadside Driving Prohibition (IRP).  The case seems hopeless for me, should I dispute the IRP?
Absolutely.  If you don’t dispute it, it will be deemed that you did in fact commit the offence of Fail or Refusal.  Once we are hired, we will advise you how to file a Review by attending an ICBC Driver Services Centre, advise you of what grounds to choose for the Review, and what kind of Hearing to have (Oral or Written).  We will then get the Police Report from Victoria RoadSafetyBC.  Once we review this Report, we can advise you of the merits of your case – chances of success, technical issues that may come into play, and also legal and factual issues that you may not be aware of.   These reports are usually 10-20 pages of very technical data and sworn evidence.  This Report does not come with the two blue papers you received (Notice of Prohibition and Vehicle Impoundment).  Critically analyzing this Report is the key to any success.

Having done DUI/IRP defence for over 15 years, we have a large resource based library collection of documents, specialized DUI defence books, rarely published internal police and manufacturer Operation, Calibration Manuals for the Approved Screening Devices, such as the Alco Sensor DWF IV, and access to caselaw (decisions made by Judges) and previous IRP decisions on similar issues that may arise in your case.  Having that much material and experience will assist you in your Review, as we can spot the issues quickly, and have the supporting documents if issues arise in your case. This is one key advantage in hiring us.

If you win your Review, your driver license will be re-instated, Review fee reimbursed, as well as the impounded vehicle returned to you or the owner, and all storage and towing costs will be paid by the BC Government to the date of the Successful Review Decision.

Will ICBC find out that I have been given an IRP?
Yes.
The Police officer who completes the Report will provide ICBC a copy, through the Office of the Superintendent of Motor Vehicles RoadSafety BC.

Do I get Driver Points for an IRP?
No. Currently there are no Driver Points, or Driver Risk Premiums given for an IRP.  However, the existence of an IRP on your record can be taken into consideration if the OSMV wishes to Prohibit you longer if you have an Unsatisfactory Driving Record under other sections of the Motor Vehicle Act, such as section 93.

How do I file a Review and Dispute the IRP?
You should contact us immediately, and hopefully before you attend ICBC Driver Services Centre, to file your IRP Review.  If we are hired, we will advise you of the procedure and what to do.

How long do I have to file my IRP Review – Dispute?
YOU ONLY HAVE 7 DAYS to file an Application for Review, and pay the Application Feefrom the date you are served the IRP Notice of Prohibition under Section 215 of the Motor Vehicle Act.

If you miss the 7 day period, you are by law deemed to have accepted the IRP, and all the related penalties, fines, and consequences.

Many people call us after the 7 day period and want to file a Review.  The government will NOT advise you to appeal, and will write you advising you of any additional requirements for your license, such as RDP (Responsible Driving Program) and Ignition Interlock procedure for any vehicle you drive, and the associated expenses.

Once you have conducted the Review for Me, how long until I get the Decision?
The statute says that a written Decision is to be provided within 21 days of the date you received the Notice of Prohibition. However, there is also power for the OSMV Adjudicator to extend the decision date, and give a Notice of Extension.  This happens often, and the adjudicator may then provide a Temporary License to you pending the Decision, and allow for early release of the vehicle.   So you will likely have to serve between 7-21 days of the Prohibition even if you win the Review.  So much for the Presumption of Innocence.

Should I get a Lawyer for the IRP Review Dispute Hearing?
Yes. Many people try to “save money” and file the Review and do the Review on their own.  However, your chances of success, in our opinion are DRASTICALLY REDUCED, as you will likely not be aware of the Very Technical legal issues which is what we find, tends to win the cases; nor have supplemental material, such as Operator or Calibration Manuals, or caselaw, or forensic expert assistance through a Toxicologist that we often retain to assist you in providing an Expert Opinion about the deficiencies in the procedure that police performed.  GET THE DEFENCE YOU DESERVE, we have the expertise in this area.  Often it is not about the machine result, but legal issues about the machine, or technical issues, such as legal grounds for the breath demand, etc.

Also, when we make legal and factual arguments and submission on your behalf, that is not evidence; whereas if you give your submissions, you are jeopardizing your case, as you will be making admissions, including things like, refusal, or having admitted to driving or being in care or control of the vehicle. What you tell us is protected by Attorney-Client privilege as well.

I haven’t dealt with DUI/IRP lawyers before and after doing some research, I don’t really know who to hire, what should I look for when making my decision, as this Prohibition is affecting my life drastically? 

  1. Ask how much experience the lawyer has in  IRP/DUI defence, including real trial experience.

D. Gosal has over 15 years of Trial experience, with a focus on DUI/IRP cases since 2000.

  1. Does the lawyer have any actual Judicial Decisions Reported in the Library Caselaw Books that are now called Precedent and other lawyers rely on for their cases, or IRP case decisions they can show you so you know they are good at what they do?

D. Gosal has an uncanny amount of Judicial Decisions on DUI cases, and IRP Decisions.  Many lawyers may go their entire career without Reported Judicial Decisions.  See our case law decisions links above for our links to actual cases we have been lawyers on in IRP and DUI cases.

  1. Does the lawyer have a large resource library of technical manuals and documents that others may not have and worked      closely with Forensic Toxicologist Experts so he is aware of the issues that many may not spot?

We have accumulated many documents that are hard to get since 1999, and continually seek new material, so that we may assist you in your defence. This includes, Alco Sensor IV DWF Calibration Manuals by the RCMP, Accuracy Check and Calibration Procedure Guidelines, RCMP Resource Reading Material by the RCMP Forensic Laboratory Services, ASD Manufacturer Manuals, Canadian Society of Forensic Science Approved Procedures for the ASD Machines.   We know what procedure is supposed to be followed to test and calibrate these machines.  If they are not tested or calibrated properly, then the results can be NOT RELIABLE, and even produce false and high results.

We know what defences work, and what does not work.

  1. How many cases does the lawyer take in a given week or month?

Since D. Gosal is a sole practitioner, he takes only a very select number of cases, usually 1-2 per month, so that he can dedicate his entire energies, knowledge and experience into your IRP Review. By choice, he does not ‘run a mill’ and take dozens of cases, as we find that one cannot dedicate the depth required to study and produce quality submissions and arguments.

Is an IRP a Criminal Charge, because it references the Criminal Code demand on the blue paper?
No, it is not a Criminal charge, even though the demand and some law is incorporated from the Criminal Code.  It is an offence under the provincial Motor Vehicle Act. You do not get a criminal record; however there are very serious civil consequences, including possible breach of insurance, penalties, fines, remedial programs before re-licensing etc.

Will I get higher penalties for filing a Review – Dispute if I lose?
No.  You have a Right to a Review as per statute.  The BC Prosecutors, called Crown Counsel, have a policy in place to not proceed with Criminal Code offences if an IRP is given.

If I lose the IRP Review Dispute Hearing, do I have to do the Responsible Driving Program and install Ignition Interlock into vehicles that I drive?
Not necessarily. There is an opportunity to hire us to assist you in a “Reconsideration of a Referral” for these Remedial Programs.  This is a separate process than the IRP Review, and we can discuss this with you.

Can I ask for a reduced Prohibition, or a work exception, as I will likely lose my job and it’s very hard on the family?
No, there is no reduction of prohibition.  It is an all or nothing review; in that either you win, or you lose.  They do not consider Hardship, such as family or financial difficulties resulting from an IRP.

If I drive while Prohibited, what happens?
You will likely be charged with Driving While Prohibited, which carries a 1 year prohibition, 10 Driver Points, and if it’s a second conviction, you could face mandatory Jail of at least 14 days.   Your car insurance will also likely be invalid, for breaching insurance policies, and you could be facing serious civil lawsuits for damage to property, injury claims, lost wage claims, etc.

IF YOU WISH TO REACH US AFTER HOURS OR WEEKENDS Call 604.719.1360, email or contact form. The police work on weekends to give roadside license suspensions and so will we.  SATURDAY OR SUNDAY MEETINGS BY APPOINTMENT ONLY.

D. Gosal & Associates brings over a decade of DUI / IRP experience working with clients in Delta, Surrey, White Rock, Greater Vancouver, and across BC.