TO THE IRP SCHEME:

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.  

GET THE DEFENCE YOU DESERVE FOR YOUR IRP.  CONTACT DIL GOSAL NOW.

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

Find 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.

While there is nothing in the law that requires that you hire a lawyer when dealing with ICBC, there are multiple reasons why it is a good idea to do so. It is also always within your rights to hire a personal injury lawyer.

Know Your Rights

First, ICBC will appoint an adjuster responsible for your claim. This person is well-schooled in personal injury lawsuits and is also practiced in negotiation. However, this person works for ICBC, a for-profit institution, and may or may not have your best interests in mind. A defence lawyer who you’ve hired, on the other hand, will act solely in your best interest, protect your rights, and attempt to obtain a fair settlement from your perspective, not the ICBC’s. Hiring a lawyer does not mean that you have to go to court,  and most ICBC cases do not end up in the courtroom.

One of Many Claims

An ICBC adjuster works on many claims every day. Your case is simply one more on their long list of claims to work out. For this reason, they may not take the time to collect all pertinent information relating to your motor vehicle collision. Information is evidence, and all cases are resolved according to evidence collected.

A lawyer, on the other hand, has more time and incentive to find all the detailed evidence related to your case. Often, it is the details that sway a case decision one way or another. An ICBC adjuster may also not be motivated to obtain full medical records related to your case, and this, too can make a difference in the outcome. A lawyer is highly motivated to uncover these details, as they often make or break a case.

A personal defence lawyer working on your ICBC case is, ultimately, peace of mind.

Whether you are going out for after work drinks, having dinner with family & friends or going out for a night on the town, the most important thing to consider is ensuring that you get home safely.  If you are in a group, you should always assign a designated driver.

While no alcohol is safest when getting behind the wheel, you can guesstimate your Blood Alcohol Content (BAC) after 1 or 2 drinks depending on several factors.

Some of the factors that might affect a person’s BAC include:

• body size
• gender
• physical condition
• what they have had to eat
• how much sleep they have had
• what medications they are taking
• the actual alcohol content of their “drink”

Click here for BAC Charts.

The problem many people may have is after a couple of drinks, their judgement becomes impaired and they may feel they are fine to drive when actually they are over the legal limit.  This can be especially true for small women who may not have had much to eat.  So be sure when you are out that not only you are responsible about your alcohol intake if you will be getting behind the wheel, but also keep an eye out for friends who may not realize they have crossed the line of inebriation.

Cultural and Legal Languages

Any legal situation will probably be frustrating and confusing at times. It’s normal for people, even those who are familiar with the normal workings of Surrey or Vancouver laws, to be overwhelmed when they’re confronted with legal language. A word that has a normal meaning can have an altogether different meaning when used in a legal context. It’s easy to imagine how using those words when they’re not even your primary language will be additionally frustrating and confusing.

There are also cultural considerations which may be impossible to understand if you don’t have a lawyer who is fluent in English and Punjabi, and who is familiar with the cultural similarities and differences between people who have lived in Vancouver or Surrey their whole lives or who have arrived more recently.

Being Able to Explain

There is also a lot to be said for being able to explain the situation in your primary language. If you want to truly tell a story with the details that are important, you may need to do so in Punjabi. If your lawyer speaks Punjabi, you’ll be able to do just that.

Contact Dil Gosal if you need help with a DUI or criminal legal case in Surrey or the greater Vancouver area and want to speak to your lawyer in Punjabi.

The DataMaster uses an infrared light to analyze the amount of alcohol in someone’s breath. Alcohol absorbs infrared light, so the machine can determine how much alcohol a person has in their system by analyzing how much of the light is missing. In order to do this, the light goes all the way through the machine and down to a detector. Then the DataMaster provides a reading.

While this might seem like a good system for determining if someone has had too much alcohol, it can actually generate false positive readings. Certain factors increase the chances of having a false positive reading.

• Gastroesophageal reflux disease (GERD) causes gas from the stomach to fill the mouth. When someone with GERD breathes into a DataMaster, the machine analyzes stomach gas as if it was alcohol. This can cause the reading to be higher than it should be.

• People who have been exposed to paint removers, gasoline, and some cleaning fluids are also more likely to have false positive results when they breathe into a BAC DataMaster. The chemicals in those items can cause the DataMaster to think the person has consumed a large amount of alcohol, even if they have not had a single drink. Wearing a mask when working with these items reduces the chance of a false positive reading.

• Having a drink right before being tested can cause the reading to be much higher than it should be. Because of that, people should avoid having a drink on their way out the door, even if it’s the only drink you’ve had all night and your blood alcohol level is very low.

Because the BAC DataMaster is not always accurate, sometimes innocent people get charged with drunk driving. Innocent people can fight the charges by hiring a DUI lawyer and going to court to contest their drunk driving charges.

It is important to understand the risk at hand regarding youth and drinking and driving. DUI assault charges are a serious offense, and can easily be avoided through the right decisions. Many young people think it’s easier to drive home after a night out drinking with friends, but don’t consider the consequences of doing so; consequences not only involving themselves, but other people as well. Not only does drinking and driving result in fines and penalties for the driver, it puts themselves at risk, along with anyone in the car and anyone on the road with them.

The price of a taxi is significantly cheaper than the price of a DUI charge, and the potential of creating a problem is non-existent when choosing this option. While it may seem like an inconvenience at the time, it will likely save someone’s life and future. By the time a person’s blood alcohol content (BAC) reaches a level of 0.10%, they are 51 times more likely to be involved in a life-threatening vehicle accident than a driver who isn’t drinking. This, plus the inexperience and immaturity of you drivers can even increase the chances.

Next time you plan on going out with friends, make alternative plans for transportation to avoid any DUI charges and bad decisions. You never know what could happen if you decide to drive a vehicle under the influence of alcohol, but the statistics show that the chances something negative will happen are very likely.

Sources:

http://madd.ca/madd2/index.html

http://www.pssg.gov.bc.ca/osmv/road-safety/young-drivers.htm

After changes to the law in 2012, accused drivers now have more rights when stopped for DUI, but  B.C. still has some of the strictest DUI laws. Don’t become a victim of an immediate roadside suspension or vehicle impoundment.  DUI charges are just the beginning of your troubles should you get stopped for drunk driving this holiday season. The financial cost and stress to your family can be devastating.

Below are resources and information for getting safely home from celebrations this holiday season. But should you get stopped for DUI, your FIRST CALL should be to Surrey DUI Lawyer Dil Gosal. With FLAT FEE pricing, we can respresent you and ensure the best possible outcome for your DUI Charges.  CALL NOW 604.719.1360

Read recent articles about the BC Holiday DUI Campaign

December’s CounterAttack campaign against impaired driving in Vancouver (click to read)

Busting Through Smokey Roadblock (click to read)

Plan Ahead for a Safe Ride Home this Holiday Season (click to read)

The relevant section of the Provincial Law – the Motor Vehicle Act, R.S.B.C., provides that:

Often the officer does not address these grounds specifically in his or her report. This is a possible area of attack. You should contact us IMMEDIATELY if you want to hire us. Tel: 604.719.1360, or email: [email protected] or send case inquiry.

I have even seen the officer comment that the person’s ability was NOT affected by alcohol, but the automatic check box on the Notice of Prohibition seems to conclude both a warn or fail and the grounds exist, despite the officer not turning his or her mind to this statutory conjunctive requirement.

The court, through Justice Dley, in Wilson v. OSMV, held, properly, that there is no presumption, rebuttable or otherwise, that a specific reading on the ASD, warn or Fail, equates with reasonable grounds that a person’s ability to operate a motor vehicle is affected by alcohol.

This is why in the Criminal Code DUI sections, there are separate offences of over.08, and also impaired. They are distinct inquires.

The case link is:
http://www.courts.gov.bc.ca/jdb-txt/SC/13/16/2013BCSC1638.htm

Experience Makes a Difference

The real benefit of hiring a DUI lawyer is the experience they bring to the table. No matter what your background, it is unlikely that you’ve been through as many DUI hearings as a DUI lawyer has experienced. Each time you experience something you learn more and gain skills. A DUI lawyer has probably seen a case similar to yours before and knows what to expect before, during, and after the hearing. There may be details that you don’t think are important, but that a DUI lawyer will notice and use to help your case.

An experienced, local Surrey DUI defense lawyer will also know what to expect from the local legal system, from knowing what paperwork needs to be filed to having a relationship with other lawyers and the judge who will hear your case. Your lawyer might have very specific knowledge about what is likely to sway the decision in a direction that will benefit you in the long run.

Support During a Difficult Time

Every DUI case is a little different, but one thing that is true of all DUI cases is that they bring a bit of chaos and stress into the lives of everyone involved. Charges can cause stress and tension within families and can disrupt your life in frustrating and damaging ways. With the help of a DUI lawyer, you can find the resources that will get you and your family through this difficult time.

Taking on the legal system is difficult enough, but to do so without the help of an experienced, local DUI lawyer can make it much worse. The consequences of a DUI conviction can be extreme – from the loss of income to the loss of a job. Don’t let things get any worse. Take advantage of the knowledge that a DUI defense lawyer can contribute to your case.