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The Port Moody police issued a news release Thursday listing the number of people who they think were wrongfully given IRPs due to their calibration screw up. In damage control, they excluded the people who received IRPs from the period September 20, 2010 to December 31, 2010. In other words, their news release says that they only considered people from 2011. The IRP victims from 2010 will never be exonerated apparently. Regular readers of our blog know that we've covered this story many times. After all, we're the ones who cracked the secret code and revealed it. We're the ones who...Continue reading
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...Continue reading
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...Continue reading
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,...Continue reading
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...Continue reading