What happens after a WARN or FAIL on a roadside breath test in BC? It can mean an Immediate Roadside Prohibition, vehicle impoundment, and strict review deadlines. You may also have the right to a second test. https://loom.ly/hL929Ag
Acumen Law Corporation
Acumen Law Corporation
@acumenlaw.ca
Acumen Law Corporation. Criminal Lawyers in Vancouver, Richmond, Victoria. Criminal Law and Drunk Driving. Experienced in defending 90-day IRP DUI in BC.
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When does a public health restriction become a human rights violation? This case explores COVID-19 mask mandates, access to services, and the need for clearer legal guidance on restrictions imposed during public emergencies.
A short roadside suspension can still have consequences beyond the time you spend off the road. Our blog explains the rules for L and N drivers, 24-hour prohibitions, and why neither should be confused with an Immediate Roadside Prohibition. Read more: https://loom.ly/R-aUmDU
When do different verdicts in a sexual assault case become inconsistent? This case explores intoxication, capacity to consent, and how courts should assess multiple allegations arising from the same events.
Lost your licence at the roadside in BC? A 12-hour suspension, 24-hour prohibition, IRP and ADP all have different rules and consequences. For an IRP or ADP, you have just 7 days to apply for a review. Know your options.
An IRP can mean anywhere from 3 to 90 days off the road, vehicle impoundment, fees, towing and storage costs, and other consequences. If you want to challenge an IRP, timing matters: you generally have just 7 days after being served to apply for a RoadSafetyBC review. https://loom.ly/zZtz0b0
What does it mean to be in a position of trust or authority today? This case explores whether a decades-old legal framework still provides clear guidance for assessing power, trust and exploitation.
The BC Supreme Court has ruled in R v Kalicum that serious drug addiction is a disability protected by s. 15 of the Charter. The decision could have significant implications for how Canadian criminal law treats substance use disorders.
What happens when criminal disclosure contains someone else’s private information? This case explores how courts should balance third-party privacy with an accused person’s right to make full answer and defence.
BC turned a roadside screening device into the basis for immediate punishment. In 2014, we asked what science supported that decision. Twelve years later, our latest blog revisits the same question.
How long can COVID-19 continue to justify court delays? This case explores when pandemic-related delay stops being an exceptional circumstance and becomes something the justice system should have reasonably mitigated.
For 16 years, BC’s Immediate Roadside Prohibition scheme has relied on roadside breath testing. But calibration, mouth alcohol and human physiology can affect results. We break down the science, and the strict 7-day deadline to dispute an IRP. https://loom.ly/B_OVZzo
What should lawyers actually be pledging allegiance to? This case looks at lawyers’ oaths, freedom of religion, and whether the focus should instead be a commitment to the rule of law.
A recent BC Court of Appeal decision shows how the YCJA and the Supreme Court of Canada’s 2025 guidance are reshaping youth sentencing in serious criminal cases. We examine what this means for young people facing serious charges in BC. https://loom.ly/H7I5tSQ
Can you fight an IRP in BC? Yes, but success depends on the facts, evidence, and legal grounds. Learn how IRP reviews work, why some challenges fail, and what options may come next. You generally have just 7 days to apply. https://loom.ly/HF3Uppg
Where does a highway legally end? This case looks at a cyclist injured beside a bike path and the bigger question of where municipal responsibility starts and stops.
Received an Immediate Roadside Prohibition (IRP) in BC? The process moves quickly. Our step-by-step guide covers roadside breath tests, second-test rights, the 7-day review deadline, impoundment and licence reinstatement. Read more: https://loom.ly/g1EdVL8
How long does a DUI stay on your record in BC? A conviction can affect your criminal record and ICBC driving history differently, and may impact travel and employment. Learn what stays on your record and for how long. https://loom.ly/D6nlrb8
How clear should an audio recording have to be before it can be relied on in court? This case looks at poor quality recordings, missing context, and the growing need for stronger standards around digital evidence.
The Mike Smyth Show: Illegal street racing taking over the streets of Nanaimo “I think it’s more of a threat than reality. Because the cost of putting a helicopter in the air and having them just monitor, looking for an offence... is not really financially viable…” - Paul Doroshenko
Can you get a DUI on a horse in Canada? Technically, no. Canada’s impaired driving laws apply to a “conveyance,” and a horse does not fall within that definition. Swipe through for the breakdown. https://vancouvercriminallaw.com/can-you-get-a-dui-on-a-horse-canada/
100+ kg of methamphetamine. A 5.5-year sentence. What determines the outcome of a cross-border drug importation case in BC? We break down quantity, role, plea strategy, and other factors that can shape sentencing. Read more: https://loom.ly/Qu7Ds6c
When does an injury count as arising from a motor vehicle accident? This case looks at where no fault insurance coverage begins and ends when multiple events may have contributed to the injuries.
Police may be allowed to approach a vehicle in a residential driveway. Opening its closed door is another matter. Our latest article explains R. v. Singer, 2026 SCC 8, and what it may mean for impaired driving cases in BC.
Can a court automatically infer an intent to kill from the close-range discharge of a firearm? This case explored whether categorical inferences are consistent with the presumption of innocence and the rules governing circumstantial evidence.
Should an accused person be able to insist on a trial after the Crown decides to withdraw the charges? This case explored whether a withdrawal is always enough, or whether some people deserve the opportunity to clear their name in court.
Where does the sidewalk end and the highway begin? A recent BC case, R. v. Machura, shows how those legal definitions affected the outcome of a careless driving prosecution after a fatal collision. https://loom.ly/bh9bcxo
What happens to a Charter damages claim if the person bringing it dies before the case is over? This case explored whether constitutional claims for damages should continue through a person's estate, or end with the claimant.
CBC News: Viral video appears to show woman asleep behind the wheel on busy B.C. highway “Anything from a simple violation ticket all the way up to criminal charges for dangerous operation of a motor vehicle,” - Kyla Lee
Think refusing a breath sample is better than blowing? In BC, a refusal charge is often harder to defend than an "over 80" charge and can carry equally serious consequences. Learn why: https://vancouvercriminallaw.com/over-80-vs-refusal-which-charge-is-worse-bc/
Should courts ever examine how a joint sentencing submission was negotiated? This case explored whether power imbalances between the Crown and the defence should play a greater role when courts review jointly recommended sentences.
Can provinces go further with Immediate Roadside Prohibitions? And what does a new Ontario Court of Appeal decision mean for cannabis-impaired driving cases? Listen to the latest Driving Law with Kyla Lee and Paul Doroshenko: https://soundcloud.com/drivinglaw/episode-459-saskatchewans-irp
CTV News: ‘We’re all on edge’: Vancouver Island residents react after inmate escape “Jail isn’t meant to be purely retribution,” she said. “Rehabilitation is a very important goal of the sentencing process.” https://loom.ly/8i3ephY
Choosing a Vancouver DUI lawyer isn't about flashy marketing, it's about experience with BC impaired driving law, IRP reviews, criminal defence, and acting before deadlines expire. Read more: https://vancouvercriminallaw.com/vancouver-dui-lawyer-choosing-defence-counsel/
Can a court ban someone from using social media as part of a criminal sentence? This case explored where freedom of expression meets probation conditions, and how Charter rights apply as more of our lives move online. https://youtu.be/xIFLYxBpbqE
BC impaired driving cases can involve two separate systems: • Criminal charges • Immediate Roadside Prohibitions (IRP) They operate independently and carry different risks, procedures, and deadlines. Understanding the difference is essential to protecting your rights. https://loom.ly/es6PYKc
What should the process be when a sentencing law is declared unconstitutional? This case explored how courts should correct sentences imposed under laws that no longer pass constitutional scrutiny, and whether there should be a simpler path to a remedy. https://youtu.be/OK48f3c_vbA
A new episode of Driving Law is out now! Kyla Lee and Paul Doroshenko discuss R. v. Raffia, a new study on forensic science and wrongful convictions, & a driver who threw his phone out the window after getting a distracted driving ticket. Listen now https://soundcloud.com/drivinglaw/episode-457
Legal Aid BC data shows significant growth in the number of women entering criminal defence work. Yet men continue to receive more legal aid contracts per lawyer across most years and categories. A reminder that access and opportunity are not always the same thing. https://loom.ly/3OfktW4
Should immigration sponsorship rules recognize parent-child relationships created through cultural and religious practices that don't fit traditional adoption models? This case explored how immigration law responds to different understandings of family and parenthood. https://loom.ly/y20yn_s
A new episode of Driving Law is out now! Kyla Lee discusses BC’s spike in motorcycle fatalities, e-scooter and ATV safety, ICBC’s new online testing system, and concerns about removing the second road test. Listen now on all streaming platforms! https://loom.ly/1PXCtfE
“Even if you are a law-abiding citizen, somebody who has never done anything wrong in your life… if somebody does something wrong using your property, you can be the one who’s penalized.” https://loom.ly/T4__0hU
Think a pardon completely erases an impaired driving conviction? A recent court ruling says a pardoned DUI can still trigger harsher penalties on future charges. Read more: https://vancouvercriminallaw.com/pardon-impaired-driving-future-charges/
What happens when new evidence is discovered after a trial, but that evidence would have required a screening application to be admitted? This case explores whether the traditional test for fresh evidence on appeal is enough in sexual assault cases. https://loom.ly/5DISDcA
A new episode of Driving Law is out now! Kyla Lee and Paul Doroshenko discuss a BC obstruction case involving a self-described sovereign citizen, a surprising decision on flight from police, and whether running a stale red light amounts to dangerous driving. Listen now: https://loom.ly/V5YY9rk
Can you drive after receiving an IRP in BC? Usually not. An Immediate Roadside Prohibition takes effect immediately, your licence is suspended, and there are no standard temporary permits that let you keep driving. Learn more: Read more: https://loom.ly/I-kdM0A
Can a doctor owe a duty of care to someone who isn't their patient? This case explored whether healthcare providers can be held liable to third parties who are harmed after a patient is released from treatment. https://www.youtube.com/watch?v=18LEb1HUEKM
New Driving Law is out now! Kyla and Paul discuss the Supreme Court of Canada hearing Emeruwa, a major refusal case, BC’s new commercial vehicle dash cam law, Aboriginal title misconceptions, and a school bus driver allegedly caught doing 100 km/h in a 50 zone. Listen now: https://loom.ly/XMAJ30Q
A recent incident involving a Tesla driver allegedly asleep behind the wheel on Highway 1 is a reminder that “Autopilot” doesn’t remove legal responsibility from the driver. If ICBC is questioning your coverage, don’t assume their decision is final. https://loom.ly/nO920Mw