Vancouver Criminal Law

OUR LOCATIONS:

Vancouver: 604 685 8889
Richmond: 604 370 3050
Surrey: 604 593 8580
Victoria: 250 384 0100
Nanaimo: 250 754 9558
Kelowna: 250 860 2766
Kamloops: 250 372 3448
Fort McMurray: 780 750 7588
Prince George: 250 564 8835

Facebook

Twitter

Copyright 2016 Acumen Law Corporation.
All Rights Reserved.

Call 24 Hrs

604 685 8889

Call Us For Free Consultation

Facebook

Twitter

Search
Locations
 

Blog

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

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...

Continue reading

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...

Continue reading

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,...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading