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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 41)

IRP update for people who served part of the 90-day prohibition

If you served part of the 90-day prohibition and we had the remaining part of the prohibition along with the fines, RDP and interlock stayed, then this IRP update is for you. Back on July 23, 2012, we first discussed the proposal that the Government lawyers put forward to try and pressure people who received 90-day Immediate Roadside Prohibitions under the old scheme to simply give up and accept the fines, interlock, RDP, etc. Of course, the Government still wants their pound of your flesh, preferably before an appellate court reverses the Sivia decision. The Government broke it down into two...

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Perseverance and success

Perseverance and Success

At the end of each month we typically look back to tally our successes and failures and think about what we can do better and how our efforts can be more effective for our clients. One thing that came up in our office discussions yesterday was the very tangible link we see between our perseverance and success. Simply put, if we weren't so tenacious, we wouldn't succeed as often as we do. It was our relentless quest for ASD calibration information that revealed to us that the Port Moody police were incorrectly calibrating their devices. When we figured it out and...

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Port Moody Police finally admit miscalibrating their ASDs

Epic fail Port Moody Police finally admint miscalibrating their ASDs for at least 13 months

An important victory for anyone who received an IRP for Fail or Warn between September 20, 2010 and October 2011: the Port Moody Police have finally admitted miscalibrating their ASDs. We have the press release here. They sent the press release to the local media today (1.5 months after they concluded the investigation) perhaps because it's earthquake and flood week. In any event, even if it only makes it into a few news sources, it's important as a step toward vindication for the people who suffered from these wrongly-issued IRPs. Of course, we revealed the problem back in October 2011: Port Moody...

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Roadside breathalyzers not correctly calibrated: Police watchdog

Port Moody police miss the mark with their roadside breathalyzers

PORT MOODY — Nearly a year after allegations surfaced that roadside breathalyzers used by the Port Moody Police Department were incorrectly calibrated, a police watchdog has agreed. The Office of the Police Complaints Commissioner (OPCC) has determined that the force’s approved screening devices (ASD) had been incorrectly calibrated and the allegations of neglect of duty against the officer who used them were substantiated. The OPCC’s final decision was rendered on Sept. 11. The lawyer who brought the allegations forward questioned why it took so long for the department to admit to the problem, suggesting the police were trying to bury the issue. Vancouver lawyer...

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Evidence you were under .08

evidence you were under .08 is not enough to succeed on an IRP review

What happens if you receive a 90-day IRP for blowing Fail but there is persuasive evidence you were under .08? The Sivia decision found the IRP law unconstitutional for the very reason that you couldn't advance the argument that you were innocent during your hearing before the OSMV tribunal. Simply put, even if there was evidence you were under .08 (what is called "evidence to the contrary") they wouldn't consider it. So the Court found that was a constitutional violation, and the Government claimed that they would go back to the drawing board to fix it. No fix = Government bad faith: We...

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How to avoid death

How to avoid death

Most of us would like to avoid death as long as possible. Of course, one of the most common ways that people die prematurely is in car accidents. It's no surprise really. Our brains are the results of millions of years of evolution. Until about a hundred years ago, people would go through most of their life traveling only as fast as they could run. A consequence, perhaps, is that our brains can only deal with and respond to information coming at us at about the speed we can run. Driving amplifies the speed at which you travel. Without generally well-designed roads,...

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Breathing and your breath samples

Breathing and your breath samples

We have discussed many times issues that can cause artificially elevated breath samples. Last week we started to address breathing and your breath samples. We know that hyperventilating can generate an erroneously low reading on an Approved Screening Device (ASD). In our own tests we were able to knock off about .014% BAC from the reading by hyperventilating just before blowing. But what about shallow breathing and holding your breath? Could this cause the roadside breathalyzer to give an erroneous high breath reading? People stopped by the police are invariably nervous. It's very rare that a traffic stop ends without at...

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Hundreds of Albertans have seen their vehicles impounded for excessive speeding and impaired driving in B.C.

For 253 Alberta motorists, the strictest traffic laws in Canada turned a holiday trip to Super, Natural British Columbia into a headache trek to the nearest impound lot. That’s how many Alberta vehicles were seized between June and August by B.C. police, after drivers from this province ran afoul of the nation’s harshest speeding and impaired driving laws. As well as speeding, Albertans lost their rides for drinking: A blood-alcohol level over 0.05% can result in a three-day vehicle impoundment, though the legal intoxication limit remains at 0.08%. At least it’s an improvement over 2011 when 660 Alberta vehicles ended up impounded in...

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