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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 43)

Critics of drunk-driving laws take aim at screening devices

OSMV lying to people

The provincial Justice Minister is standing by the province’s drunk-driving laws despite increasing criticisms of the program over the review process for roadside prohibitions, and concerns about unreliable screening devices. This week, the B.C. Supreme Court quashed a ban that had been upheld after review, because the government had relied on a report that should have been inadmissible in the review process. The ruling could lead to many more bans being overturned, depending how often the inadmissible report had been used. But the program continues to prompt questions. Drivers hit with an Immediate Roadside Prohibition – which can include a driving prohibition...

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Appeal ruling on the breathalyzer report

Justice prevails and the OSMV can no longer use their breathalyzer report

When we put the news out on Monday concerning the appeal ruling on the breathalyzer report used by the Superintendent of Motor Vehicles, we didn't expect to cause such a stir. A few minutes after we put up our News Release and tweeted it, the hits started flooding our blog. A few hours later our server was cooked and we blew our bandwidth budget for the year. We couldn't even receive emails. Of course, Kyla is particularly pleased with the decision because it was her case and she argued it in BC Supreme Court. We're a small law office up against...

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Ruling could lead to quashing of hundreds of drunk-driving bans, lawyer says

ASD with persistent temperature problems

Critics of British Columbia’s immediate bans for impaired driving have a new arrow in their quiver in defending drunk-driving bans, after the B.C. Supreme Court ruled on Monday that a government report on the roadside screening devices should have been inadmissible during the review process. The report was used by a government adjudicator to reject an appeal by Angela Buhr that her roadside ban – which included an immediate driving prohibition and her car being impounded on the spot – should have been thrown out because of a problem with the screening device, a portable breathalyzer that critics have argued is...

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B.C. drivers have one-in five chance of getting roadside ban overturned

Superintendent's Report on Approved Screening Devices

VANCOUVER — British Columbia has one of the country’s toughest drunk driving laws, but if drivers choose to challenge a roadside ban and the penalties and fines that come with it, they have at least a one-in-five chance of getting of getting roadside ban overturned. The Office of the Superintendent of Motor Vehicles says in the year since the amendments, about 22 per cent of the 2,708 drivers who challenged an immediate roadside prohibition got it overturned. A total of 18,888 driving bans were issued in that time period. While some defence lawyers applaud the successes, they say the appeal process remains...

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B.C. Supreme Court rules against government’s report on breathalyzers

Paul Doroshenko

In a ruling that could result in thousands of appeals of drunk driving suspensions, the B.C. Supreme Court has ruled that a government report on breathalyzers was not admissible in a particular case. Justice Richard Goepel’s ruled that the Superintendent’s Report on Approved Screening Devices was inadmissible in an Immediate Roadside Prohibitions review hearing. Paul Doroshenko, a Criminal Lawyer with Acumen Law, says the government’s report doesn’t comply with the Motor Vehicle Act. “These roadside breath testers have problems and were never intended to be used for this,” he says. “Anyone who conducted a hearing to review their prohibition and were unsuccessful...

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News Release – Superintendent’s Report on ASDs is inadmissible

News Release - the IRP ASD report is inadmissible

August 12, 2013 The BC Supreme Court released a decision in an IRP appeal hearing today, ruling that the Superintendent's Report on ASDs is inadmissible in IRP review hearings. The Motor Vehicle Act specifically delineates what constitutes admissible evidence in IRP review hearings. The Motor Vehicle Act does not permit the delegate of the Superintendent, who is the adjudicator in IRP review hearings, to rely on evidence submitted by the Superintendent of Motor Vehicles. In speaking of the admissibility of the Report, the Court held: [27] In s. 215.49, however, the legislature established a different evidentiary regime concerning the matters which the Superintendent...

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