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Sentencing in Driving Without Due Care Cases That Involve Death

sentencing in driving without due care

The vital role judges play in sentencing cannot be overstated. A system where you have a predetermined punishment for each crime would not be justice. We can see this in sentencing in driving without due care and attention cases that involve death.

While decisions must be consistent and rely on previous cases, our justice system rightly factors in a human element. In this tragic case from Vancouver last year, we can see how the particular circumstances of a case are taken into account to decide a sentence. …

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Is Coughing On Someone An Assault? What Criminal Charges Apply for COVID Spreaders?

coughing assault

With recent news reports of individuals licking deodorant in stores, or spitting on elevator buttons or coughing in the face of police, many people have asked me about what criminal consequences these individuals can face.

Is Coughing On Someone An Assault? What Criminal Charges Apply for COVID Spreaders? Read More »

Could You Really Face a $1 Million Fine For Violating the Quarantine Act?

The Federal Government has invoked provisions of the Quarantine Act to require returning travellers to Canada to quarantine for fourteen days, in order to stop the spread of COVID-19.

The Quarantine Act allow for maximum fines of up to $750,000 and up to six months in prison for violating its provisions. If the violation puts the health or safety of others at risk, or risks spreading the virus, the fines are elevated. In those circumstances, the fines are up to $1 Million and up to three years of jail time.

But is this realistic?

Could You Really Face a $1 Million Fine For Violating the Quarantine Act? Read More »

How To Beat a Driving While Prohibited Charge in BC

beat driving while prohibited charge

Driving while prohibited is a serious offence. If convicted of the criminal charge of driving while prohibited, a person can receive a criminal record. Under the Motor Vehicle Act, a person can face a possible jail sentence. In either circumstance, the penalty for driving while prohibited includes lengthy driving prohibitions and potentially high fines.

This is why it is important to understand the evidence in a driving while prohibited case, and what you can do to beat a driving while prohibited charge in British Columbia. …

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Is a Driving While Prohibited Charge a Criminal Charge?

driving while prohibited

Many people who contact my office are not sure about whether they are facing the consequences of a criminal record for a driving while prohibited charge. These individuals are wondering whether a driving while prohibited charge is a criminal charge. And the answer, unfortunately, is more complicated than a simple “yes” or “no.”

In order to better understand this issue, first we need to understand what we are dealing with when looking at a driving while prohibited charge. …

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Weird and Wacky Wednesdays: Volume Ninety Seven

This week on Weird and Wacky Wednesdays, we look at what might cause a man to say “see ya later, alligator” and mean it literally. Then, we question how you can be charged with impaired driving when you’re simply floating in the water. Finally, we head to Australia where we hear about a very questionable excuse for speeding.

Follow the jump to learn more about the weirdest and wackiest legal cases from around the globe! …

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Should I Dispute a Speeding Ticket in BC?

Should I Dispute a Speeding Ticket

This is one of the most commonly asked questions that I receive as a lawyer: should I dispute a speeding ticket? Every day, numerous people who want to keep their driving records traffic ticket free call me to ask about disputing a speeding ticket and whether it is worth it to file the ticket in dispute.

The purpose of this blog post is to give you a little more information about whether you should dispute a speeding ticket in BC. …

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Weird and Wacky Wednesdays: Volume Ninety Six

This week on Weird and Wacky Wednesdays, we look at a very unsanitary thing to do, pandemic or not. Then, we examine the case of a Florida man who used coronavirus as an excuse that did not really fit his crimes. Finally, we look at a ridiculous lawsuit involving basketball star LeBron James.

Follow the jump and read more about this week’s weirdest and wackiest legal cases. …

Weird and Wacky Wednesdays: Volume Ninety Six Read More »

How Many Tickets Until I Lose My License?

How Many Tickets Until I Lose My License

A lot of people call me to ask about how many tickets they can get before they lose their license. People are concerned that having a certain number of points or a minimum number of tickets will trigger a driving prohibition.

So I will answer this question for anyone who is wondering how many tickets it will take for them to lose their driver’s license. …

How Many Tickets Until I Lose My License? Read More »

Did you miss a time period to dispute your IRP? We may be able to help.

If you received a 90-day driving prohibition in British Columbia for falling or refusing a roadside breathalyzer test, you only had seven days to dispute it. After the seven-day limitation period is up, there is nothing you can do.

Similarly, if you had a hearing scheduled but did not get your submissions in by the hearing date and time, the RoadSafetyBC policies require that you are deemed to have waived your rights to have a hearing.  

However, under a new order granted under the Emergency Program Act in British Columbia, you may be able to get a little relief on those otherwise hard-and-fast deadlines. As of March 26, 2020, if you missed a time limit to dispute your IRP or to submit your materials for an IRP hearing, you can request an extension.

Did you miss a time period to dispute your IRP? We may be able to help. Read More »

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