DUI and IRP Lawyer Surrey BC – Vancouver & Across British Columbia

DUI (Driving Under Influence)  – IRP (Immediate Roadside Prohibition Reviews) - ADP – (Administrative Driving Prohibition)  & Other License  Suspensions & Reconsideration of Remedial Programs RDP & Ignition Interlock

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

A SAMPLE OF MY ACTUAL DUI, IRP, & ADP CASES ARE LINKED BELOW.  FEW LAWYERS CAN PROVIDE SUCH A RECORD THAT SPEAKS FOR ITSELF, FROM ACTUAL COURT JUDGE OPINIONS AND THE IRP OFFICE OF SUPERINTENDENT OF MOTOR VEHICLES (OSMV) & ROAD SAFETY ADJUDICATORS.  Use that when comparing who to hire.

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.  However, you only have 7 days from the receipt of the Notice of Prohibition! (Blue Form) to file a Review, and pay the Review Hearing Fee at ICBC Driver Services Centre, or in some areas, BC Government Agents.

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.

OUR PERSONAL PRIVATE LIBRARY OF DOCUMENTS, PUBLICATIONS, and RESOURCES contains thousands of pages of Law, Commentary and notations of DUI, IRP, and ADP issues over the decades.  Few have dedicated this much effort to this area of law.

Best DUI IRP CaseBooks Dil Gosal Surrey Vancouver Lawyer

I was also Schooled  – including two law degrees from the US, 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 Horizontal Gaze Nystagmus (HGN) tests back in 2002.

The case is cited below in full text, being 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. Field Sobriety Manual IRP DUI Horizontal Gaze Nystagmus

The BC Government is serious about throwing your life upside down with breath readings from just screening devices, called an Approved Screening Device – or ASD for short- as low as .05 with its new Administrative BC IRP License Suspensions system which aims to replace the Federal Criminal Code DUI Scheme, where you have Trial Rights.

You should be just as serious about Defending Your Case, and fighting your Driver Licence Prohibition Review or if need be, an Appeal to BC Supreme Court, and beyond.

Read and review the material on this website, educated yourself and once ready to get us in your corner, or if you have any outstanding questions,  fill out the Case Inquiry Form to the Right, or email us: WABCLawyers@aol.com, or text 604.719.1360.

Don’t Let Smokey Suspend Your Driver License Without a Review.

DUI License Appeal, Call Dil Gosal Now!

DUI License Appeal, Call Dil Gosal Now!

WHAT TO EXPECT FOR PENALTIES, FINES FOR IRP FAIL OR REFUSAL:

Here is what the Ministry of Justice, the Office of Superintendent of Motor Vehicles (OSMV), Road Safety BC, and ICBC have in store for you if the officer feels you “refused” or failed an Approved Screening Device Demand, and you received an Immediate Roadside Prohibition or Administrative Driving Prohibition under BC’s Draconian and Court Due Processless system – a regime that eliminates absolutely your Rights to Trial, or the Right for you or your lawyer to Cross Examination of the Officer and any witnesses – The greatest legal engine designed to determine and test the evidence. Try this on for size:

- At least $900 for your Vehicle Impoundment, tow, storage fees, for 30 Days - Your Vehicle Seized on the Spot
-Around $1,000 for Stroh’s Alcohol School - called Responsible Driver Program - (RDP) before you get your license back from ICBC.
-$500  Government fine for an IRP Refusal or ASD Fail
-Around $2,ooo for Ignition Interlock device installed into one vehicle to test your alcohol level randomly when driving.  How cool will that be with family, friends, and clients in the car?
-$250 Reinstatement Fee to ICBC
-Countless and Irreparable Harm: loss of employment; marital and family stress, etc.

WE SERVE ALL OF BRITISH COLUMBIA:

Do not worry if you are in a remote area of BC, or outside Metro Vancouver.  We take cases across BC, including: Surrey, Abbotsford, Port Coquitlam, PoCo (Port Coquitlam), Vancouver, Richmond, Delta, Langley, Kamloops, Chilliwack, North Vancouver, Burnaby, Nanaimo, Kelowna, Squamish, Whistler, Victoria, New Westminster, Maple Ridge, Vernon, Penticton and anywhere else the Police have issued you a Notice of Prohibition.

LEGAL FEES FOR OUR SERVICES FOR IRP:

What Will It Cost To Hire You for My IRP Issues?

LEGAL FEES FOR OUR SERVICES FOR IRP:

I provide Flat Fees and often break the process down to two stages, so you know the fees upfront, and also don’t waste money on a fruitless Review.

Stage 1) Reviewing your Immediate Roadside Prohibition Documents:

My legal fees are currently $750 plus taxes and disbursements for this service. I want to make sure you understand what the facts are, what the applicable law is to your case, so you can make an Informed Decision whether to go ahead or not with the Review.

You may read the report and think there is no chance.  However, you are not trained to spot legal issues, or how they relate to the facts in your case.  That is why you go to a lawyer trained and experienced in that area.  Just like reviewing a medical X-ray or CATSCAN, you and I will likely not know what to look for or interpret the images; the Doctor can though, as she is trained and experienced in that.

Similarly, our legally trained eyes – with over 15 years of drinking driving defence – will study the Report to Superintendent provided by the Officer to the Office of Superintendent of Motor Vehicles (you are not provided a copy of that on the night of incident), Calibration Documents, Qualified ASD Technical Reports.

After we review these documents, we render an opinion to you on possible errors, legal issues, and validity of the Driver License Suspension and potential degrees of success.  If there is no likelihood of success, and you instruct us not to proceed, then your small investment has paid off, instead of just paying for a Review that has no or little merit or chance of succeeding.  We will give you the straight opinion.

Stage 2: Conducting the Actual Review:

If after our advice on the viability of the Review, you decide to instruct me to go ahead with the actual Review with Road Safety BC – Office of Superintendent of Motor Vehicles, at that point, I then offer a Flat Fee for conducting actual IRP DUI Licence Suspension Review Hearing.

My legal fees for this stage depend on the category of Prohibition, and start from $1,000  for 3 day prohibitions. $2,000 for a 7 day prohibition, and around $2,750 for a 90 day Prohibition, Fail or Refusal. All fees subject to GST/PST, and disbursements.

I will give you a firm quote once I review the Immediate Roadside Prohibition Documents.

I will only take 1-2 cases maximum per month. My submission packages are usually around 40-100 pages. We start drafting your IRP submissions from scratch, and custom tailor your submissions – not a cookie cutter pro-forma fill out, which I have sadly seen passed off as fresh work-product.  If you want hardcore zealous representation then call me. I usually dedicate 2-3 days on each IRP Review: Midnight Oil, and non-stop effort.  See how many lawyers will do that.

If you win your IRP, then all the filing fees, tow, storage and other monetary penalties are withdrawn and or refunded, and the Ignition Interlock Program and Responsible Driving Program is not required.

These IRP fees are significantly discounted compared to our regular Criminal Court DUI/Impaired fees, which are typically $7,000 to $9,000 (plus PST/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.

Appeals of Adjudicator Decisions to BC Supreme Court by way of Judicial Review are separate matters and you must consult us to discuss any possible retention.

Retaining Forensic Toxicologist or Other Experts:

-If the assistance of a Forensic Toxicologist is of assistance (usually former RCMP  or Police Lab Experts), often an Expert in the field is hired to review and provide an Expert Opinion, which is based on the facts, law, and Various literature on the ASD Machines (Police & Manufacturer Manuals; accepted Forensic/ Scientific Procedural matters).  Those fees are of course separate and can be discussed once we are Retained (hired).

-Other experts may include Physicians, or Specialists to address any medical issues that may arise in your case, ranging from anything like improper temperature range of the machine, to improper procedure using the machine, which affects the reliability of the Fail results, or deemed refusals.

Attorney- Client Privilege

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.

As an experienced Metro Vancouver Surrey DUI Lawyer, Dil Gosal can help guide you toward the best approach to defending your DUI / IRP charges.

 

Reconsideration of a Referral for Remedial Programs: RDP or Ignition Interlock:
We can also be hired to have a Reconsideration of a determination by the OSMV Road Safety BC  – that you must attend Stroh’s Responsible Driving Program (RDP), or Ignition Interlock in any vehicle you operate.  You typically have a very short time frame to provide submissions, and are best assisted by a trained professional who can articulate your position, and also address the factors that the OSMV considers in such Reconsiderations.
Our fees for this typically depend on your personal circumstances, and the time we spend, research, etc.

Proof in the Pudding: Here are actual Decisions for DUI – IRP and ADP Cases Won by experienced Lawyer D. Gosal (click to view CaseLaw).  Have a read through to get an idea of issues that may arise.

When choosing a lawyer, you should ask how many Reported Decisions that lawyer has in that specific area.

1) IRP: Immediate Roadside Prohibition Decisions from the Office of Superintendent of Motor Vehicles & Road Safety BC:

IRP REFUSAL WIN:: Vancouver Police Roadblock Alleged Refusal 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 DUI Lawyer Wins Case

IRP Double Fail WIN for Surrey Lawyer Dil Gosal:

IRP Win for DUI Laywer Dil Gosal:

IRP DUP Surrey Lawyer Dil Gosal WINS for SURREY man who blew Fail, but Wins Refusal Case:

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

IRP DUI Lawyer Dil Gosl WINS Case for KAMLOOPS MAN:

CLICK HERE: IRP DUI Lawyer Dil Gosal WINS CASE AGAIN:

IRP DUI Lawyer Vancouver DIL GOSAL WINS  CASE

IRP DUI Lawyer DIL GOSAL Gets Decision Where Client was allowed to get his Keys Back after DUI Prohibition!

Recent BC Supreme Court Decision regarding 90-Day Suspensions

2) 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 or litigated issues.

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. Kiani
Regina v. Sandhu
Regina v. Parhar

CRIMINAL CODE CHARGES:

If the police decide you should get a Promise to Appear or Summons for Criminal Court, we can be hired for that as well.  The most common Provincial Courts in Metro Vancouver for Criminal Code DUI’s and Criminal Refusals are: Surrey Provincial Court, 222 Main Street Vancouver Provincial Court, Abbotsford Provincial Court, Port Coquitlam Provincial Court, and Richmond Provincial Court.

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 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.


Posted on Nov 30 2019 by gosal

OUR OFFICE HAS BEEN FLOODED WITH CALLS, EMAILS, AND MEDIA INQUIRIES.
DO NOT THINK JUST BECAUSE THIS SUPREME COURT CASE CAME OUT, YOU WIN YOUR IRP!

You need to act diligently, and file your appeal within allotted time set by the OSMV, and consult a DUI / IRP Practitioner like us immediately to protect your rights, which the Court say do exist (in narrow circumstances!).  The Case stands for very narrow issues, and it is not simply Striking Down Pending cases, or licensing requirments.

DIL GOSAL, BARRISTER. NOV. 30, 2011.
www.GosalLaw.com
www.DuiLawyerSurrey.com

In a decision released November 30, 2011, over 80 page Sivia decision Court (through Jon Sigurdson, J.) has struck down certain provisions of the Legislation.
I have read the decision in detail. Given the complexity of legal issues pled, and very narrow Ruling, and lack of Remedy section, you should assume that your IRP continues in force, unless the OSMV advises otherwise.

A quick run down of the case, shows that the Judge stated that although the IRP drinking driving laws are close to replacing the Criminal Law, it does not replace the Criminal Code provisions for DUI (Criminal law is federal power, not provincial).

The Immediate Roadside Prohibition laws DO NOT violate Section 11 (d) of the Charter, being the Presumption of Innocence.

The Immediate Roadside Prohibition laws DO NOT violate Federal Law or Section 11 of the Charter, in that it is NOT a Penal Consequence akin to Cirminal Law. The Pith and Substance of the IRP is not Criminal Law, which is the exlusive Jursdiction of Parliament.
The Immediate Roadside Prohibition laws DO VIOLATE Section 10 Right to Counsel of the Charter, but the sections are saved by Section 1 of the Charter.

The Immediate Roadside Prohibition laws DO VIOLATE Section 8 of the Charter that protect against unreasonable Search and Seizure, in the limited circumstances on FAIL and REFUSAL candidates, where the person has little meaningful way to challenge the results of the search. This infringment is not saved by section 1.

People caught in the Warn Zone (.05 to .099), it DOES NOT infringe their Section 8 rights. The Court held on this point, “While recognizing the weakness of the statutory review process as it applies to the “warn” branch of the ARP, after considering and balancing all of the factors, I am not persuaded that the ARP law that authorizes a search resulting in consequences for persons who blow in the “warn” range is unreasonable. Put another way, I am satisfied that in the case of prohibitions and related penalties and costs that are imposed on a driver in the “warn” range, the pressing government objective justifies the intrusion into personal privacy. ”

The Remedy is to be considered between counsel, and to appear before the Court for further Orders.

At this stage, it seems that Attorney General Shirly Bond has suggested that the Clarke government will try to made legislative amendments to “fix” the holes in the Motor Vehcile Act, so that the concerns enunciated in Sivia will be addressed. That may happen in the spring of 2012, and until then, you may be facing even tougher sanctions, with Criminal DUI charges.

In the meantime, Bond advised that there are still laws on the books that were not addressed in the case.  Specifically, the 90 day Administrative driving Prohibition (which had the 21 day grace period), and also Criminal DUI and Criminal Impaired Driving and Over. 08 charges.

Those laws will actually be tougher, in the sense that you could end up with two driving prohibitions, and a Criminal Reocrd, and a 1 year ban, well over $5,000 in ICBC Driver Risk Premium Assessments Premiums,  court fines, etc.  This was the system before September 2010.

-The IRP Laws authorize a Search and Seizure, by referring to the ASD results of the ASD for the purpose of issuing Driving Prohibitions.
-Does the Law authorizing the search, trigger the application of section 8 of the Charter, and whether the law is unreasonable and violates section 8. Considering the Nature and Purpose of the Law, the Intrusiveness of the Search, regulations for driving.

-Court finds different results for Warn and Fail. For Fail, the court opined, in the lack of ability to test the results:

Although the consequences to the driver are particularly significant in the event of a reading in the “fail” range, the driver does not have the opportunity, even after the prohibition comes into force, to challenge whether he or she was in fact over 0.08 or whether there were problems with the ASD that may have lead to an inaccurate reading. The societal interest underlying the objective of removing impaired drivers from the roadway has been accomplished by the immediate prohibition, but the ARP legislation nevertheless provides an extremely limited review, particularly on the important question of whether the driver was in fact over 0.08 at the time the prohibition was issued. The prohibition and significant consequences are based on a search of the driver but the driver has extremely limited grounds to challenge the accuracy of the results of the search.

A key reason for my conclusion is the fact that while the consequences from the search are substantial and approach criminal law sanctions, there is no way under the impugned law for the driver to challenge the validity of the results. As evidenced by the review process already in place under the ADP regime, it is possible to allow for a more meaningful review to be put in place without in any material way affecting the government’s objective of removing impaired drivers promptly and effectively from the road. In my view, it is not reasonable to preclude a driver a more meaningful review of the grounds for a lengthy suspension, penalty and costs in the “fail” (over 0.08) part of the ARP regime.


Posted on Aug 7 2019 by gosal

We have discovered some evidence through recent IRP Disclosure.

If anyone had an 3, 7, or 90 day Driving License suspension issued a result of the new DUI drunk driving laws, for an Immediate Roadside Prohibition on or about July 30th, on the BC Long weekend, by a Surrey Detachment, involving an Officer with last name starting with “RA” or otherwise in and around July 30, please contact us immediately.

The ASD is prescribed byt law under the Motor Vehicle Act Approved Screening Device Regulations.  Which include the Alcolmeter S-L2, ALco-Sensor IV DWF, and Aclo-Sensor FST.

There is evidence to suggest that one of the ASD’s used in DUI and IRP investiagations was malfunctioning, which could call into question the Validity of the Demand, and result of the Approved Screening Device. 

The Office of Superitendent of Motor Vehicles conducts the reviews, and you have very strict time limitations for filing the Review, for either Written or Oral hearing. under Section 215.48 of the Motor Vehicle Act.   Email us at wabclawyers@aol.com

We serve client for IRP an DUI prohibitions around the province, including, Richmond, DUI Burnaby, DUI in Surrey, Newton, Vancouver, Delta, Langley, Metro Vancouver DUI Lawyers, and all areas outside the lower mainland.


Posted on Jul 26 2019 by gosal

The Process for Reviewing or Appealing the Officer’s Decision to Prohibit you for 90 days for an Immediate Roadside Prohibition under the new BC DUI Drinking and Driving Laws in an Administrative Scheme. Our office handles DUI cases across Metro Vancouver, including Surrey, Vancouver, and all parts of British Columbia.

Applying to Appeal the Officer’s Decision: In order to start the process for your DUI Immediate Suspension, you will file your Application for Review, pursuant to 215.48 of the Motor Vehicle Act. This is to be done as soon as possible, as you are already immediately prohibited from driving, and no event, later than within 7 days of the date of service of the Notice of Prohibition, section 215.47. You can meet with us before to discuss the grounds.
The Application Form for Review includes: (check all applicable boxes)

1) I was not driving or in care or control of the motor vehicle;

2) An approved screening device did not register a WARN reading (5O+ milligrams of alcohol in 100 milliliters of blood);

3) An approved screening device did not register e FAIL reading (80+ milligrams of alcohol in 100 milliliters of blood);

4) I did not fail or refuse to comply with the peace officer’s demand to provide a breath sample;

5) I had a reasonable excuse for failing to comply with the peace officer’s demand to provide a breath sample; or

6) My 7 or 30-day prohibition should reduced because I did not have the required number of previous IRP(s).

Disclosure: Once we are Retained (hired), we then Review the Police Reports, which can include details about your DUI investigation, or IRP investigation. It usually gives details and evidence about issues like:
1) Driving or Care or Control: how was the person identified as the driver of the vehicle
2) Reasonable Grounds for Demand;
3) Calibration of Devices;
4) Service of Devices;
5) ASD Demand;
6) Refusal or Failure to Comply with Demand.
Approved Screening Device Demand Read: (the “ASD”): For the purposes of sections 215 and 215.41 (2) of the BC Motor Vehicle Act, the following devices are prescribed and used commonly by departments like Surrey RCMP, Vancouver Police Department, Richmond RCMP, New Westminster, etc:
(a) Alcolmeter S-L2;
(b) Alco-Sensor IV DWF;
(c) Alco-Sensor FST.

The Officer has to make a Demand, pursuant to the Criminal Code, for an ASD. The OSMV does not seem to care whether the demand is actually lawful pursuant to the Criminal Code. The ASD “screening devices” were previously only used for helping the officer determine on some objective basis, whether to confirm her grounds for making a Breath Demand under the Criminal Code.
Usually other corroborative evidence or indicia of impairment is required, such as watery, bloodshot eyes, odour of liquor on breath, bad driving, slurred speech, unsteady gait, admissions of consumption, etc.
The person was then taken back to the local detachment to be presented to a Qualified Technician for a BAC Datamaster; where you would have an opportunity to speak with your lawyer under the Charter of Rights Section 10, to contemplate your legal rights before blowing into the machine to provide 2 sufficient samples, and would get an actual readout, and “BAC Ticket” with your BAC Reading, and also information about the device.
In contrast, the Roadside ASD only provides a Pass, Warn, or Fail, and gives no numerical figure under normal use by BC peace officers.
The Minister of Public Safety and Solicitor General, through the Office of Superintendent of Motor Vehicles is assigned the task by statue to conduct the “Review” of the Officer’s Decision.

What is interesting, and probably unconstitutional in my opinion, is that the OSMV is designated as the sole body to review the decisions, but they do not even ensure compliance with the statutory provisions regarding the new laws, but simply robotically repeat, that they have only enumerated and narrow grounds for appeal. It’s not their fault perhaps, but the government in failing to provide an adequate grounds for review.

Of course, the old system was having the officer take detailed notes, submit a report to Crown, for an independent review by a Crown Attorney, for legal sufficiency of the likelihood of conviction, and allowing a Judge to make the decision, all-while being Presumed Innocent and throughout the trial, and only then if the evidence is to such a degree that it removes all reasonable doubt…but of course that would probably be all too costly, with officer costs; constitutional rights etc.
When its not about the Money; it’s probably about the Money. $$$$$ Government revenues are low probably at an all time low, the USA is in debt-crisis, having to increase its Federal debt ceiling or face national default, and our public purse is probably not that far off. Now, instead of the government paying the officer Overtime for going to court, and paying for judges, and prosecutors, and the lights at the Courthouse, they can simply have the officer tick off several boxes, and bypass the whole system of your Criminal Rights, under the guise of an Administrative Regime.

George Carlin, great comedian, and realist, has a clip on Rights, probably available on Youtube, but one part seems to ring a bell here, and is:
Now, if you think you do have rights, I have one last assignment for ya. Next time you’re at the computer get on the Internet, go to Wikipedia. When you get to Wikipedia, in the search field for Wikipedia, I want to type in, “Japanese-Americans 1942″ and you’ll find out all about your precious fucking rights. Alright. You know about it.

In 1942 there were 110,000 Japanese-American citizens, in good standing, law abiding people, who were thrown into internment camps simply because their parents were born in the wrong country. That’s all they did wrong. They had no right to a lawyer, no right to a fair trial, no right to a jury of their peers, no right to due process of any kind. The only right they had was…right this way! Into the internment camps.

Just when these American citizens needed their rights the most…their government took them away. and rights aren’t rights if someone can take em away. They’re privileges. That’s all we’ve ever had in this country is a bill of TEMPORARY privileges; and if you read the news, even badly, you know the list get’s shorter, and shorter, and shorter. [emphasis added]

Yeup, sooner or later the people in this country are going to realize the government doesn’t give a fuck about them. the government doesn’t care about you, or your children, or your rights, or your welfare or your safety. it simply doesn’t give a fuck about you. It’s interested in it’s own power. That’s the only thing…keeping it, and expanding wherever possible.

Personally when it comes to rights, I think one of two things is true: either we have unlimited rights, or we have no rights at all.” Citation to George Carlin.

So we now have a system where the Office of Superintendent of Motor Vehicle says the Charter doesn’t apply to your DUI immediate Roadside Prohibition, because the Laws says it doesn’t apply, because the Government says it’s not Criminal, and no Charter of Rights apply.

The best thing you can do is at least retain experienced DUI IRP counsel, for your IRP throughout BC, and get a legal opinion, as to whether the officer has complied with the Statute, and if your case is worth appealing.

Contact Barrister Dil Gosal at WABCLawyers@aol.com for your Metro Vancouver or Surrey DUI or Immediate Roadside Prohibition.

Failure or Refusal to Comply with Demand: the officer might have deemed that you refused, or failed, when you really didn’t. This may be a ground for appeal, if the officer was incorrect in his analysis.


Posted on Mar 14 2019 by gosal

Fight BC’s new DUI Licence Suspension Laws!

CLICK HERE: IRP DUP Surrey Lawyer Dil Gosal WINS for SURREY man who blew Fail, but Wins Refusal Case: August 18, 2011

CLICK HERE: IRP DUI Richmond Lawyer Dil Gosal WINS for RICHMOND man who blew Two Fails!: August 15, 2011

Fail or Refuse IRP DUI Win Dil Gosal July 2011

DUI IRP WIN JULY 29, 2011 KAMLOOPS

IRP DUI Lawyer Vancouver WIN July 2011

I provide Flat Fees for 1) reviewing your Immediate Roadside Prohibition Documents – Report to Superintendent provided by the Officer the Office of Superintendent of Motor Vehicles ( BC ), and rendering an opinion on possible legal issues, and validity of the Driver License Suspension and degrees of success.
My legal fees are $750 plus HST for this service.
I want to make sure you understand what the facts are, what the applicable law is to your case, so you can make an Informed Decision whether to go ahead or not with the Appeal.
If after our advice on the viability of the appeal, you decide to instruct me to go ahead with the actual  Review at that point, I then offer a Flat Fee for conducting actual DUI Licence Suspension Review Hearing. My legal fees are in the range of $3,300-3,600, plus taxes and disbursements (less any fees paid for stage 1), depending on how complex the case is, and time involved. I will give you a firm quote once I review the Immediate Roadside Prohibition Documents.
My Criminal DUI Trial fees are around $6,000 to $10,000 plus taxes and disbursements. However, you get the benefit of the same knowledge and study, for the above rates.
Take advantage of my 12 years of DUI Trial knowledge, learned from years of DUI Courtroom battle on your License Suspension Appeal.
EMAIL US AT: WABCLAWYERS@aol.com if you have been given a BC Roadside Suspension. The Police are working on weekends to give you License Suspensions, and we are also available on weekends, given the urgency of your case, as there are currently no grace periods for filing the 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 OSMV Adjudicator, and can 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.
The government has set the driving suspension at 90 days. However, that is the minimum period you must wait, as you have to complete the following two items before you get your license back: Ignition Interlock Program (IIP), and Responsible Driver Program (RDP). There are currently delays, of up to 6 weeks in certain areas of BC, in order to have the Ignition Interlock installed, so you may be looking at a period of 4-5 months before you get your license back!

The Government has now, quite offensively, assumed that you have a problem with alcohol, that you must be rehabilitated before you can get your license back. Understandable if it’s your 2nd or 3rd conviction, but a first offender, with no criminal charges, and one “Fail.”

1) IGNITION INTERLOCK PROGRAM:
The BC Government has contracted out services to Guardian Interlock Systems for this program. Again, the government simply irrebuttabley presumes that you are an alcoholic or require Rehabilitation. You have to call then at 1-(866)-474-6252, or other numbers provided by the OSMV/ Road Safety BC.

Your ignition interlock terms will be for a minimum period of 12 months. You cannot apply for a reduction in time. However, the OSMV can extend the program, if they feel that you have not complied with the programs. You can’t drive a vehicle that doesn’t have this device.
Once you get the device installed, then you go to apply for a new Interlock Restricted Driver Licence.
Your BC Driver license will have a “Restriction Code 51” placed on it, being “Ignition Interlock Required.”
Violations could mean: failed breath tests, tampering with the device or driving a vehicle without the Ignition Interlock. No financial assistance is provided by the government, in terms of the expenses for the lease, installation, use, servicing, or removal.
Although I had a person advise me that she had to have the machine fixed, after she had eaten crackers, and the machined gave a false-positive, and the machine had to be recalibrated. She was worried that ICBC would consider this as a failed breath test.
If you have a work vehicle, or a second vehicle, that you will be driving, once you finally get your license back, then you will have to install the Ignition Interlock into that vehicle.
Get this, you will also be Responsible for any Violations for any program violations occur, even if you are NOT THE DRIVER!

Government sources reveal that the device will record all program activitiy including attempts to tamper with it. If an attempt at disconnecting it, or bypassing the device, or what is construed as the same occurs, the device will repeatedly warn you to shut the vehicle off. If the warnings are not adhered too, then the vehicles horn blasts, and hazard lights flash until the vehicle is shut down.

Big Brother is now in your dash.
You then have to go to the local interlock installation centre, every month or two, so that the installation centre can download the data from the device.
If you don’t go to the installation centre, then the machine can enter into a “permanent lockout state,” which effectively disables your motor vehicle from operating.
If the OSMV deems you to have “tampered” with the device, then you can be removed from the program, and have your BC Driver License cancelled.

If you are not the person that brings the vehicle in for servicing, you’ll probably face more interrogations and extension of the Interlock.

Criminal Code Convictions, such as Impaired Driving, DUI, Over.08, Refusal to Blow, will trigger an Automatic driver license suspension under the Motor Vehicle Act. If this happens to you, while on the program, then your interlock term will end, and you have to immediately call Guardian to have the device removed.
If you ever get out of this program, your driving record will be closely monitored, for at least 5 years. If you receive ANY alcohol related tickets, guess what you will likely have installed into your vehicle again…for at least another 12 months.
2) RESPONSIBLE DRIVER PROGRAM:
The BC Government has contracted out services to Stroh Health Care for this program.

If you don’t complete the Stroh Program, then your licence will be cancelled without further notice to you.
The fees are $985 for this program, and you can’t drive “until you get the rehab you need now” according to Government documents.
If you fail to attend, there can be additional fees, such as Counselling Program, post-intervention assessment, screening interview, and education program, which are over $700 cumulatively.

You have 1 year to complete this program, and if you do not, then the OSMV may extend the ignition interlock program, until you complete it, and you will have to pay the monthly monitoring charges, until the RDP is complete and the OSMV is satisfied that you are ready for unrestricted driving privileges.
WHAT CAN YOU DO?

Get our over decade and a half of  of DUI Trial, ADP, and IRP experience in your Corner. Your life is about to change, the best thing you can do, is at least try to fight this Draconian Legislation, with an investment of at least getting the documents reviewed by one who has a proven track record and dedication to the area.  That may be a fraction of the cost and pain you will have if you don’t fight the case.

Get Dil Gosal. Get the Defence You Deserve.

Newer Entries »