Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Nanaimo: 250 754 9558
Kelowna: 250 860 2766
Kamloops: 250 372 3448
Fort McMurray: 780 750 7588
Prince George: 250 564 8835

Facebook

Twitter

Copyright 2016 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation

Facebook

Twitter

Search
Locations
 

Blog

Vancouver Criminal Law Blog

No choice but to drive drunk. Is that a DUI defence?

No choice but to drive drunk

Are there any circumstances where you have no choice but to drive drunk? If you ask a police officer, chances are that, at least according to them, there are no circumstances where you’d have no choice but to drive drunk. But let’s say your sober, designated driver suddenly had an acute illness – a heart attack – while driving. Even though you’re impaired, you’d be forced to take the wheel in this scenario to prevent a crash. Some scenarios are less obvious. What if, during the middle of a drinking session, a friend fell and you had no other alternative...

Continue reading

Grabbing a jacket from your car outside the pub? May as well be driving

Smoking in a car

If it wasn’t clear that BC’s impaired driving laws are overly restrictive, the courts have determined that you aren’t even allowed to grab an item from a car after a few drinks. So did you arrive at the bar in the late afternoon and now it’s getting chilly after dark? Better wait until you’re sober before you grab that jacket you left in the car. Forgot the cigarettes in the cup holder, too? Well, unless you want to risk an Immediate Roadside Prohibition for impaired cigarette-grabbing, it’s probably best to leave them alone. Oh, what if you forgot your wallet...

Continue reading

COPD, Asthma and the Breathalyzer: What if I can’t blow hard enough?

Asthma, COPD, and breathalyzers

One of the reasons we despise BC’s Immediate Roadside Prohibition scheme is due to its unfairness. If you have COPD, asthma or any number of other medical conditions and can’t blow hard enough into a breathalyzer, chances are you’ll be lumped in with the drunk drivers since you “refused” to provide a breath sample. In order for an Approved Screening Device to function the airflow and volume must meet certain parameters to trigger an analysis. It can be a big amount of air for those among us who simply can’t exhale very much. To provide some context, an average person exhales...

Continue reading

How residual mouth alcohol ruins breathalyzer results

Mouth Alcohol

The topic of residual mouth alcohol is a common one in any discussion about drinking driving laws. In this context, when someone refers to mouth alcohol, they are typically referencing the presence of alcohol in the mouth when someone is asked to provide a breath sample. Why is this important? A breathalyzer’s role is to assess the amount of breath alcohol present in a person’s lungs, and to use that analysis to determine what the person’s blood alcohol content would be had the person’s blood been tested. Since the test is essentially detecting alcohol vapours, a single drop of residual mouth...

Continue reading

Can I go to jail for driving while prohibited?

Can I go to jail for driving while prohibited

Driving while prohibited is considered one of the most serious offences in the Motor Vehicle Act. Until just a decade ago, a first offence meant automatic jail. The act that leads to the first charge of a driving while prohibited offence can be fairly innocent. Let’s say police suspected you of being impaired by drugs and give you a 24-hour prohibition, even though you weren’t impaired. Unfortunately for you, you decided to drive before the 24 hours was up and police pull you over. The fact you were driving before that 24-hour prohibition was up is good enough for a driving...

Continue reading

Canada’s self-defence laws: When is it too late to defend yourself?

Canada's Self Defence Laws

You’re at a bar and someone picks a fight with you. Things start getting nasty. What first began as a verbal barrage quickly turns into shirt-grabbing and shoving. Do you shove back? Are you allowed to take a swing? Is your responsibility to run away? At what point can you defend yourself against this aggression, and to what extent can you defend yourself? If the attacker was bigger, can you pick up that nearby pool cue as a weapon? Canada’s self-defence laws have been traditionally vague on precise answers to any of these questions. Here’s how it works. If, in the...

Continue reading

Why it’s so easy for police to bust dial-a-dope operations

dial-a-dope

The law takes dial-a-dope drug offences seriously. It’s considered a category separate from what’s generally referred to as “street level” dealing, where a dealer hangs out on a corner and is approached by prospective customers looking to buy. Dial-a-dope operations are different. The courts consider these drug lines as commercial operations that exist to bring drugs to all corners of the market, even to areas not traditionally known for drug consumption. Dial-a-dope operations are kind of like food-delivery for drugs. A customer places a call to their local dial-a-dope operator, who drives out to an arranged meeting location for the exchange....

Continue reading

Police used the same breathalyzer for my second sample

breathalyzers

We were disappointed to see a decision in the BC Supreme Court in June that held police do not have to offer the full details of the rights available to someone who blew their first fail into an Approved Screening Device. In BC, if police demand a breath sample on suspicion of drug or alcohol impairment and you blow a “warn” or “fail,” you have a right to provide another breath sample, into a different breathalyzer. Police are required to accept the lower result of the two. Unfortunately, police are only required to tell you that you can provide another breath...

Continue reading

Walk in a line: three co-ordination tests used to check sobriety

SFST

Until legislation is introduced giving police officers new ways to determine whether a driver is impaired by drugs, one of the more common tools at police disposal remains the Standard Field Sobriety Tests (SFST). The internationally used test falls into three parts: a check for involuntary eye movement, walking and turning in a line, and the one-leg stand. You’re scored on these tests based on a number of “clues” an officer ticks off when looking for things like whether you were able to balance for 30 seconds, or if you “went off the line” during the walk and turn. The steps that...

Continue reading

Stupid statements made at the roadside: are they considered evidence of drunk driving?

stupid statements made at the roadside

So you’ve been pulled over on suspicion of drunk driving. In your haste, you make a few stupid statements to the officer at the roadside and now the officer is alleging you have driven after consuming too much alcohol. If the case goes to court, can those stupid statements be used to incriminate you? Often, those statements may be found inadmissible in court. Whether these statements can be used depends on a few factors. In one case, a driver was charged with impaired driving and driving with a blood alcohol level over .08. One of the issues raised on appeal had to...

Continue reading