Vancouver Criminal Law


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



Copyright 2018 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation





Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 22)

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...

Continue reading

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

Featured Video Play Icon

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...

Continue reading

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...

Continue reading

Two false Fails

Two false fails

During the hearing at the Supreme Court of Canada into the first version of the IRP scheme, Justice Moldaver mentioned that a second ASD test more or less eliminates the possibility of an inaccurate reading carrying the day. It wasn't something any of the lawyers picked up to explain. As far as we're concerned, this is a significant problem with the Immediate Roadside Prohibition scheme. The simple fact is that it is not extraordinary to get two false Fails in a row.[pullquote]Very important is to understand that even a tiny drop in your mouth can be expected to produce very...

Continue reading

Do I really have to blow? Part 2

Do I really have to blow part 2

When I wrote the last blog post, do I really have to blow, I had a particular case in mind that had come across my desk just days earlier. The driver in that case had purportedly refused to blow. The passenger made a video of what transpired after the original ASD demand. It was clear to me that the discussion at the roadside undermined the requirement to blow. The normal answer to the question "do I really have to blow in the breathalyzer" would be yes, but in this case there was a good reason to refuse. The question for...

Continue reading

Do I really have to blow? Part 1

Do I really have to blow

People often ask me "do I really have to blow?" The answer was simple before the IRP scheme became the law in BC. With a criminal investigation, if you blow and the police broke the law (failed to properly follow the law) in getting you to blow, chances are good that you'd be acquitted of criminal charges flowing from the roadside breath sample. With an IRP it's a lot different. An illegal ASD breath demand has not been a basis to revoke a Fail IRP. So it's complex. But the question remains...

Continue reading

IRP appeal? We win the most

IRP Appeal - We win the most

Each month we count up the winning IRP appeal decisions from RoadSafetyBC to see where we stand. For as far back as we have records, going back now well over 2 years, each month we win the most IRP appeal hearings of any law firm in British Columbia. It's a great track record.[pullquote]It doesn’t matter where you are in British Columbia, if you have an IRP you just need to give us a call.[/pullquote] This week we obtained the statistics for April 2015. We succeeded in more than 5 times as many IRP appeal hearings as the next most successful law...

Continue reading

Our law office in Victoria

Law Office in Victoria

We’ve opened a law office in Victoria BC. Acumen Law Corporation’s newest office is located in downtown Victoria at 1529 Amelia Street. That puts us 2 minutes from the Victoria courthouse, government offices and the Victoria Police. It’s good location to serve our clients and follow through on some of our plans.[pullquote]Sacha Roudette is now part of the most successful IRP DUI firm in all of BC working at our new Victoria law office.[/pullquote] About a year ago we decided that we needed to increase our presence on Vancouver Island particularly with respect to Immediate Roadside Prohibition defence. As far as...

Continue reading

Sarah Leamon: Bill C-51 is the wrong answer to terrorist threats

C51 and terrorist threats

The Canadian Incident Database recently confirmed that in the last 54 years, there have been about 1,800 terrorist threats involving Canada. A pretty jarring statistic, isn’t it? I can admit that when I first read it, I was surprised. As a Canadian, I don’t often associate the words “Canada” and “terrorism” with one another. As peace-keeping country with an international reputation for being friendly, mild-mannered, and overly polite, Canada doesn’t really lend itself to becoming a “terror target”—and yet the statistics seem to say otherwise. Or do they? If we break that number down, we’ll quickly discover that 1,800 threats over the...

Continue reading