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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 37)

Faulty breathalyzers used in Port Moody

Paul Doroshenko Revealed the Port Moody breathalyzer problems

Fourteen out of 174 roadside suspensions issued by Port Moody police in 2011 will be overturned after an independent investigation found the suspensions were based on readings of improperly calibrated breathalyzers. The findings, announced Thursday, were forwarded to the Superintendent of Motor Vehicles, which said it will be contacting the 14 drivers to cancel their immediate roadside prohibitions and penalties, and work with Port Moody police to reimburse them. But the Vancouver lawyer who first called attention to the faulty breathalyzers in October 2011 criticized police for taking more than a year to take action, while some drivers who may be innocent...

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Vancouver IRP? It should be revoked

Police issued driving prohibitions based on bad evidence in Vancouver

If you have been following the IRP news on our blog or watching the news in the last week, you may have heard about the Vancouver IRP issue. There’s been a lot of talk about how we discovered that the Vancouver Police Department was improperly preparing their evidence in IRP cases. Despite the fact that the OSMV has been aware of the issue since September, and despite the fact that 35% of IRPs challenged in November were revoked as a result of this issue, it is apparent that the Government has no plans to conduct a review of all IRPs issued...

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Refusal to Blow and your IRP

Refusal to Blow and your IRP

Recently the BC Supreme Court released another decision concerning Immediate Roadside Prohibitions and the OSMV Tribunal, Ema v. British Columbia (Superintendent of Motor Vehicles) 2013 BCSC 47. In that refusal to blow case, the officer indicated he detected an odour of liquor on Mr. Ema’s breath. Mr. Ema argued at the original hearing that he did not have an odour of liquor on his breath and that the officer must have been mistaken. Not surprisingly, he lost. The tribunal concluded that: “The officer noted an odour of liquor on your breath. Even if he was mistaken as to what the odour was,...

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DUI cases tossed due to shoddy paperwork

DUI Cases with photocopied evidence

Vancouver police have been taking shortcuts in DUI cases by photocopying forms used to demonstrate that breathalyzer machines have been tested and are working properly. Criminal lawyer Paul Doroshenko said at least 17 cases of 90-day driving suspensions have been tossed out because of shoddy paperwork provided by the Vancouver police department. "I think every person who got (a driving suspension) in Vancouver should be entitled to a re-hearing based on that evidence," Doroshenko said, noting the forms - known as calibration certificates - were likely included in the offence documentation of hundreds of drivers handed roadside driving suspensions between June and...

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Vancouver photocopy debacle: IRPs issued on photocopied evidence

DUI and IRP expert Paul Doroshenko shows the evidence is unreliable

In early September 2012 we were reviewing disclosure in a client's Immediate Roadside Prohibition (IRP) case issued in Vancouver and we noticed that something was a little funky. Now, we are aware that the ASDs in Vancouver have a long history of being improperly calibrated and of having serious reliability problems. So we generally look at evidence from Vancouver with greater scrutiny. What we noticed was that the Certificates of Qualified ASD Calibrator provided in this one particular case were identical, with the exception of the serial number and service expiry date of each device. Although the Certificates purported to contain...

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Drunk driving cases tossed due to bad paperwork

Vancouver drunk driving expert lawyer doroshenko

Roughly seventeen drunk driving cases have been thrown out after police cut corners by photocopying alcohol breath test calibration forms. When defence lawyer Paul Doroshenko was working on a case involving suspected drunk drivers he represented, he found that calibration forms police fill out to prove breath tests are working had been photocopied, including the officer’s signature. “We noticed that the police in Vancouver were not actually going through and completing one of these documents for each time that they calibrated and checked the device,” Doroshenko said. “We have no idea whether or not this police officer was actually going through the steps...

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