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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 42)

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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Bad breathalyzer

Bad breathalyzers

Our post on Monday brought up an issue that reporters regularly put to us, i.e. whether the Alco-Sensor IV is a bad breathalyzer and whether there is some other device that would be better. We touched briefly on some of the problems with the device. For example, without any sign or reason one of our devices suddenly and completely lost its calibration part way through the evening. What if this was a road block and not an office party? The only reason we figured this out is because we had the much more accurate BAC Datamaster and the Intoxilyzer 5000 there...

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We beat the breathalyzer (but don’t get funny ideas)

Beat the breathalyzer at a police stop our breathalyzer lawyers beat the breathalyzer

Surprising even to us, is that we managed to confirm a way to beat the breathalyzer. In a blog post from last week, we ask for input concerning theories to beat the breathalyzer. We put this out there because last Thursday we had a testing session (drinking event) in our office to refresh ourselves on issues with breath-testing equipment, and to try some of the theories we have heard of to beat the breathalyzer. We used one of our BAC Datamaster breathalyzers (the ones the police have in the station in BC) our Intoxilyzer 5000 (used in Alberta and Ontario) and...

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Breathalyzer tests

Breathalyzer tests

From time to time in our office we conduct breathalyzer tests to determine if some substance could cause false readings, or to see whether any unusual factor may elicit inaccurate results. We discovered a few things that apparently nobody knew. For one, the Alco-Sensor IV used in Canada can retain alcohol on the fuel cell from a previous subject. We also confirmed that mouth alcohol can cause a false Fail in excess of 20 minutes from completing the last drink, contrary to contemporary police training. We could go on for days about calibration. The breathalyzer tests or experiments that we almost never...

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Where things are going in BC

Moving out - where things are going in BC

If you received an Immediate Roadside Prohibition, you're all too familiar with how unfair the system is. From beginning to end, the Government stacks the process against you. Although we succeed for a significant number of clients, thousands of innocent British Columbians have ended up with 90-day IRPs (plus fines, towing, storage, interlock, RDP, etc.). It should surprise no one, therefore, that the Justice minister wants to bring unfairness to all aspects of driving regulation. What surprises us is that our premier was so inept as to appoint someone who advocates for injustice as the Justice minister. Of course, all of...

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Super 90-day IRP arguments

Super 90 day IRP arguments to win your IRP review

We've developed some super 90-day IRP arguments since the new Immediate Roadside Prohibition scheme came into effect last June. Part of our method is to collect and catalog as much information as possible. As a consequence, we can identify trends that call into question the reliability of the evidence presented. This has been a great advantage to our clients when we dispute prohibitions. One of the major flaws with the IRP scheme is that you can't cross examine the police on their evidence. The result is that the police now know that they can lie in their evidence without any consequences....

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Letter: 60 days to get the interlock

60 days to get the interlock

Lots of people have been calling us having received a letter from the Superintendent of Motor Vehicles saying that they have 60 days to get the interlock or they cannot drive. The letters went out to people who completed their driving prohibitions after November 30, 2011. We wrote about this first on September 26 when the calls started coming in. The letters are with respect to a class of people we had not encountered. Some people who received a 90-day IRP in the months or weeks immediately before November 30, 2011, and who served the entire prohibition were not required to...

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In BC municipalities can decriminalize marijuana

In BC municipalities may decriminalize marijuana

An interesting twist to the Sivia decision is that BC municipalities may be able to decriminalize marijuana relying on this precedent. UPDATE: The BC Court of Appeal has confirmed the approach taken by the Court in Sivia. Is this the back-door to marihuana decriminalization? In Sivia one of the major issues was whether the BC Government could pass legislation which would have the effect of stopping the police from conducting criminal investigations of drinking-driving offences. The Court said the province had the power to do this. An Immediate Roadside Prohibition in BC begins with a criminal investigation for drinking and driving. Criminal law...

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Letter from the OSMV saying you must get the interlock

Attractive Vancouver woman gets a letter from ICBC with details about her driving prohibition

We have had a few calls today from people who did not instruct us to file an amended Petition and set a hearing date. Some have already received a letter from the OSMV saying they must get the interlock and pay for the RDP. We haven't seen the letter yet. We have been told that they have 30 days or 60 days to get the interlock installed. We know some lawyers were of the opinion that the Government wouldn't get their act together and follow through. We thought that this was possible, which was why we listed an option 2 and...

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