Recent Cases

Vancouver Criminal Lawyer: Cathryn Moore

90-Day IRP

The Facts:

The police officer stated that he saw the accused drive and park the vehicle in the driveway. The accused denied that they were driving and that the officer witnessed any driving, as the officer did not arrive at the scene until after the vehicle was parked. The accused provided one “Fail” reading. The driver was issued a 90-Day Immediate Roadside Prohibition.

The Argument:

The officer failed to include sufficient evidence to establish the legal requirements for care or control. The evidence does not establish that my client was a “driver.”

The Result:

“I am not satisfied you were a driver within the meaning of the Motor Vehicle Act.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.