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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 10)

Compassionate grounds at IRP hearings

Compassionate Grounds arguments at IRP hearings from Paul Doroshenko on Vimeo. WATCH: I want to talk to you about compassionate grounds arguments at IRP hearings. Of course people think that there's always the sympathy angle. Well no. There isn't. Many people who are stopped for drinking and driving feel that the driving prohibition should be revoked because the punishment is too harsh for them personally. Other feel that the important thing is that they learned their lesson and on that basis they should get their drivers licence back. Still others believe that there should be some compassionate grounds because they need to drive...

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BC Government – RCMP Scheme Revealed in Immediate Roadside Prohibition Law

Defective Breathalyzer news report

Lawyers from Acumen Law Corporation have recently published their findings after years of research and fighting battles against the Immediate Roadside Prohibition (IRP) within the legal system. The company’s lawyers claim that the BC Government, the Superintendent of Motor Vehicles and the RCMP were all well aware of a problem with specific roadside breathalyzers which were being used to charge thousands of citizens under the IRP law since 2010. Kyla Lee, a lawyer for Acumen, recently published a blog post on the company’s website where she revealed details and the background of the battle that Acumen lawyers have been fighting. HautNews...

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How to find out if you blew into a defective breathalyzer

Defective breathalyzer

On August 10, 2015, we published the evidence about the defective breathalyzers used to issue Immediate Roadside Prohibitions over a 4.5 year period in British Columbia. Last week we explained some of what we did about the defective breathalyzers. This has been a massive project in our office. Although we would have liked to tell everyone about what we were doing many months ago, we didn't want to call further attention to the issue because it might have compromised the defence for some of our clients. We alluded to it. Some careful readers of our blog figured out much of what...

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You blew two Fails. Was that a mistake?

WATCH: I’m gonna tell you about whether you should worry because you blew twice into a roadside breathalyzer. Most people who have been issued an Immediate Roadside Prohibition blew twice into the breathalyzer. And in most cases, they blew two Fails. And many people assume because they blew two Fails, they must be done for. This is simply not the case.[pullquote]Sometimes if you blow twice that may be the thing that actually helps your case when it comes time for a hearing.[/pullquote] Should you worry because you blew two Fails? The irony is that blowing two Fails as opposed to blowing one will occasionally...

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What we did about the defective breathalyzers

What we did about defective breathalyzers

A week ago Kyla explained the big secret about defective breathalyzers. It generated a lot of discussion. Kyla was contacted by a investigative news outlet that would like to report on it, but she suffered an injury mid week, spent a little time in the hospital and is now recovering. You can review the evidence here: Doroshenko Affidavit 1 Part A Doroshenko Affidavit 1 Part B Doroshenko Affidavit 1 Part C Doroshenko Affidavit 2 & 3 Doroshenko Affidavit 4 Doroshenko Affidavit 5 Part A Doroshenko Affidavit 5 Part B The discussion continued on our Acumen Law Facebook page. One person questioned what we did about the defective breathalyzers, suggesting...

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Seven days from a drunk driving stop

Seven days from a drunk driving stop from Paul Doroshenko on Vimeo. WATCH: I'm going to tell you about the first limitation period when you are issued an IRP. If you get an immediate driving prohibition for drinking and driving, it can be very traumatic. If you just got one, we want you to take a deep breath. Our job is to provide legal help to challenge driving prohibitions. There's a good chance we can help you out.[pullquote]Whenever possible one of our IRP lawyers conducts a review of the evidence right away. Then we can design a strategy that has the best...

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Teen apologizes for kissing reporter at music festival

Paul Doroshenko Criminal Defence Lawyer

The CBC News reporter who was kissed on the cheek by a shirtless stranger at last weekend’s Squamish Valley Music Festival has accepted his apology. Megan Batchelor said the 17-year-old contacted her on Twitter Monday and sounded sincerely regretful for what he did. Batchelor has made a complaint to the RCMP after she was kissed by a festival attendee during a live report. Reaction to the highly-publicized kiss has been split on social media, with many lashing out at the reporter for filing an RCMP report about the incident. Paul Doroshenko, a criminal defence lawyer in Vancouver, said Batchelor’s response was entirely appropriate, and...

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The big secret about defective breathalyzers

Bad EEPROM in a defective breathalyzer

Last summer, a little over a year ago, we revealed to the media a problem with breathalyzers in British Columbia. We had determined that there were a lot of defective breathalyzers in use in BC.[pullquote]For the first time ever, available to the public, is Paul's affidavit about the batch of defective breathalyzers. [/pullquote] This was information that we had gathered over several years prior to our announcement, through Freedom of Information requests to police and RCMP for breathalyzer calibration and maintenance records. Early on under the Immediate Roadside Prohibition scheme, we had suspected that there was a particular problem with some...

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Impaired driving? IRP? ARP? Do I have a DUI or what?

WATCH: In BC if you were given a driving prohibition by the police in a drunk driving case you've probably been issued an Immediate Roadside Prohibition. This is a driving prohibition that the police give you right there at the roadside when you blow into a roadside breathalyzer. Immediate Roadside Prohibitions are called IRPs for short. In addition to the driving prohibition, the police also seize your vehicle for up to 30 days.[pullquote]The important thing to know is there is a review process for all drinking and driving roadside suspensions and you can have a hearing about the facts in your...

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Do I really have to blow? Part 3

Do I blow or not?

At the Supreme Court of Canada they deal with lots of hypothetical scenarios because they're considering the reasonably foreseeable implication of certain legislation. We consider them too, but we also see these scenarios play out in real life.[pullquote]This was the real-life case I referred to in Part 2. Our client refused to blow. At the hearing we argued that it was an unlawful demand and we...

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