IRS Alberta

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  • Miserable Holiday Haiku

    Sleigh bells, egg nog andAn IRS for ChristmasFa law law Gunn Law The stress of the holidays ramps up exponentially if you get an impaired driving “charge” at the holidays. In Alberta, unless you have been stopped before for impaired driving or there was a bad accident, you likely will not be “charged” criminally if an officer believes you were driving while under the influence of alcohol  You may be breathing a sigh of relief, thinking, “The Christmas spirit is at work here”. Well, although the Christmas spirit is wandering around somewhere, it may have taken a bit of a detour at that moment. If the officer gives you an IRS (Immediate Roadside Sanction) also known as a Notice of Administrative Penalty (NAP) this is…

  • 5 Things to Know If You’re Pulled Over for a DUI

    If you get pulled over for a suspected DUI, stay calm. You should record the interaction if it is safe to do so, give the police your required identification, use your right to remain silent for any other questions, answer honestly about your last drink, and take the roadside breath test. These steps help protect you until you can speak with a lawyer. Being pulled over for a Driving Under the Influence (DUI) is stressful and intimidating. If this happens, you may not know what to say or how to act. Understanding your rights and responsibilities can keep a difficult situation from becoming much worse. Here is what you should do and what you should avoid during a DUI stop in Alberta. 1. Start Recording…

  • What to Expect After a DUI Charge in Alberta

    If you are charged with impaired driving in Alberta, you may face both criminal charges and administrative penalties. You have only seven days to respond to an administrative penalty, so acting quickly with the help of an experienced lawyer is crucial. Facing a DUI in Alberta Alberta’s impaired driving system is complicated and knowing what to expect is key to protecting both your rights and your future. Criminal Charge or Administrative Penalty? The first step is figuring out whether you received a criminal charge, an administrative penalty, or both. Many first-time DUI cases now result in administrative penalties only, but it is possible to face both systems at once. Act Fast—You May Have Only Seven Days to Respond If you received an administrative penalty, you…

  • Future of the Law on Impaired Driving in Alberta

    On June 4, the Alberta government announced that it intends to dramatically change the laws on impaired driving in Alberta. If passed, the new laws would take effect towards the end of this year. Many clients have been calling and wondering if the new law might affect their outstanding charges. It won’t. The new law will, however, have a dramatic effect on those stopped and investigated for impaired driving in the new year. There is much in the proposed legislation to make a defence lawyer shiver. Make no mistake! The presumption of innocence is under attack, as are the right to counsel and the right to make full answer and defense. Under the current legislation, an officer can randomly stop any vehicle he or she…

  • Impending 1-Year Anniversary of Alberta’s Immediate Roadside Sanction Regime and What 2022 Might Bring

    Where has the last year gone? We are already approaching one year since the legislation on Immediate Roadside Sanctions came into effect in Alberta on December 1, 2020. In our firm’s long history of defending clients against driving-related offences, we got really good at taking impaired driving charges to court. However, fighting an Immediate Roadside Sanction is different. We are highlighting here the good, the bad and the ugly when it comes to appeals of the Immediate Roadside Sanction (IRS) appeals, also known as Notice of Administrative Penalty. So, is there anything good? Well, it is quick. The entire process is wrapped up within only 30 days of a client being pulled over. Once someone receives a Notice of Administrative Penalty, they have only seven days to file an…

  • What Happens to Your Insurance After a DUI in Alberta?

    If you’ve recently received a Notice of Administrative Penalty or been charged with impaired driving in Alberta, it’s natural to feel relieved that you weren’t criminally prosecuted—especially if this is your first offence and no accident occurred. Alberta’s approach to first-time impaired driving cases has shifted in recent years, with many cases now falling under the SafeRoads Alberta administrative regime rather than the Criminal Code. But while the legal system may offer some leniency, insurance providers often do not. Insurance after DUI in Alberta can come with significant and long-lasting financial consequences. Premiums often rise dramatically, coverage may be cancelled, and the impact can last for years—regardless of whether the charge is criminal or administrative. To better understand what to expect from your insurer after…

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