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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 23)

RCMP internal audit on breathalyzers shows “massive problems”: lawyer

IRP lawyer Paul Doroshenko

In 2010 B.C. introduced a new impaired driving law, which included immediate roadside penalties, license suspensions, and the impounding of cars; making the province’s drunk driving laws among the toughest in the country. According to RCMP documentation obtained through a Freedom of Information Act request by Acumen Law Corporation defense lawyer Paul Doroshenko, it also suggests the Mounties are concerned about the roadside scanners. In Kamloops, the RCMP audit on breathalyzers concluded that it “requires more accountability” and there “have been procedural and clerical errors made by most calibrators.” While in Burnaby it was found there were “multiple months where the ASD calibration”...

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IRP 2.0 Charter decision: Bro v. The Superintendent

When your carriage turns into a pumpkin

The BC Supreme Court rendered its decision Monday with respect to whether the second version of the IRP scheme adequately addresses the concerns in Sivia v. The Superintendent of Motor Vehicles. We participated in this Charter challenge, although we were in an unusual position because our client, regardless of the Charter challenge, will succeed on the re-hearing due to the merits of the particular case. So for us it was an intellectual exercise. Moreover, we were of the view that, two years into IRP 2.0, we needed the constitutional status of the law to be made clear. And now it...

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Mountie audits reveal serious errors in roadside drunk-driving checks

Significant problems and serious errors with the devices and procedures used for roadside suspensions and drunk-driving charges have been identified in internal RCMP audits. Although conducted last year, the findings of the internal quality assurance reviews — “completed in random to ensure that units/detachments are correctly calibrating and documenting the Approved Screening Devices” — are alarming. “Errors with the ASD Accuracy check procedure are serious in nature and could have large ramifications on the use of ASD’s (sic) in Criminal Code investigations and also on their use in the IRP (Immediate Roadside Prohibition) Program and the program as a whole in British...

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Cross your fingers for some IRP news

We are always thinking positive

You never know what the future holds. Of course, we try to maintain a positive outlook which is not always easy as an IRP lawyer. But we've got our fingers crossed for some IRP news. Over the years our attitude and outlook has improved because we made a lot of headway in our ongoing fight against the IRP laws. These days we're feeling pretty good. Sometimes we try to predict the future. As lawyers we do this all of the time. What surprises us is how often we have accurately predicted the future. Looking back at comments we've made here on our...

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Court quashes penalties imposed under invalid drunk-driving law

Drunk driving ruling

The B.C. Supreme Court has rapped the provincial government’s knuckles for penalizing allegedly impaired motorists under the original version of the anti-drunk driving scheme after it was struck down. Victoria had no authority after June 30, 2012 — the deadline to fix the flawed sections of the Motor Vehicle Act — to impose certain Immediate Roadside Prohibitions and penalties under the old law, Justice Peter Voith said. He quashed any bans, fines or remedial programs facing the drivers who blew a “fail” in the weeks before the Nov. 30, 2011 judgment that found some parts of the controversial impaired driving legislation unconstitutional. “I...

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