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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 45)

Never-ending ASD problems

Immediate Roadside Prohibition IRP Lawyer Paul Doroshenko

When the new version of the IRP scheme came out mid June, one of the first undisclosed changes the Government also brought in was a document to hide ASD malfunctions. For over a year we identified never-ending ASD problems. To counter the evidence we disclosed, they came up with a document to hide the problems while ostensibly providing disclosure. The document, called a Certificate of Qualified ASD Calibrator, was created so that in future legal challenges to the IRP scheme the Government can claim to be providing people with a fair hearing with disclosure about the ASDs used. The document records...

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Why we defend drunk driving cases

Why we defend drunk driving cases

One question we are often asked is why we defend drunk driving cases. As lawyers we take on all sorts of different cases, from serious drug charges to personal injury cases, the occasional contract dispute and discipline proceedings when a professional is facing sanctions from a regulatory body. But more than anything we defend driving matters, and many drunk driving cases, i.e. DUIs. And there are reasons for that. For me there is a specific reason. In 1984 I was a teenager and for a few months I lived at 14232 Ravine Drive in Edmonton. One warm evening I was sitting...

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A drunk driving expert

Drunk driving expert who works with lawyers on IRP defence

When Sivia was argued the Government did not put forward evidence of a drunk driving expert, i.e. a forensic toxicologist. We weren't surprised. There are dozens of experts in the effects of alcohol, the chemistry of alcohol and the equipment used to measure alcohol concentration who work in labs for the RCMP across Canada. Many of them testify in court every day. But in the Sivia hearing the Government did not call any of them as witnesses, or present an affidavit from any of them. Why? The main reason it seems is that they could not find a toxicologist to say...

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Immediate Roadside Prohibition for Fail

Immediate Roadside Prohibition for Fail due to mouth alcohol

If you received an Immediate Roadside Prohibition for Fail and you're wondering how it could happen bearing in mind how little you had to drink, the answer may be that you had some alcohol in your mouth. One of the main problems with Fail IRPs is that none of the roadside breathalyzers can differentiate alcohol that is expelled from your lungs from alcohol that may be in your mouth. The simple fact is that if you have any alcohol in your mouth the reading will be elevated and not accurately reflect your actual blood-alcohol content. Approved Screening Devices (ASDs) used at the...

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Snap!

When the ASD snaps, you're in big trouble

If you just received an Immediate Roadside Prohibition for blowing Fail or Warn, you may remember hearing a snap or click sound when you blew into the ASD. The sound indicates that the sample has been captured and, if the ASD is functioning properly, the analysis of the sample will then begin. The Alco-Sensor IV DWF Screener ASD sucks a tiny sample of breath from a tube that runs from the mouthpiece and vents out the back of the device. Before the ASD can accept a sample, the operator must depress the Set button which pulls back two springs and inserts...

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Fireworks

Like the IRP scheme, fireworks are momentarily impressive

The annual Celebration of Light fireworks display is on in Vancouver, and each year we have a number of clients either arrested or issued an Immediate Roadside Prohibition on these evenings. The Vancouver Police have lamented recently that drinking and driving seems to be on the increase based on the number of people whom they have issued IRPs in the last few weeks. From this you could conclude that the IRP scheme isn't working. If drinking and driving is increasing, then perhaps IRPs are to blame. Of course the IRP scheme doesn't work to deter drinking drivers. If you're wealthy and you...

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Very important IRP update

IRP Update

This is the important IRP update that you have been expecting if your Immediate Roadside Prohibition, RDP and Interlock have been deferred pending the court challenge. As we expected, we received a letter from the Legal Services Branch of the Justice Minister’s office (formerly the Attorney General) indicating where they see things proceeding from here for people who have challenged their Fail 90-day Immediate Roadside Prohibitions in court. The letter is in respect of anyone who appealed their case based on the November 30, 2011, Sivia ruling. The letter was sent to us by fax at 4:31 p.m. Friday afternoon. This is...

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What happens if people don’t challenge an unlawful law?

Unlawful law makes the government into bullies like with Immediate Roadside Driving Prohibitions in BC

The chatter about the July 12 Sivia ruling is stepping up among the legal community. One of the issues that a number of people have pointed out is that those who took it upon themselves to challenge the law -- an unlawful law, should be rewarded for their courage and compensated for their losses. They stepped forward to say that the Government and the Courts need to honour the constitution. And the Court agreed that they were right to challenge the law. But what would happen had these people who fought the law not stepped forward? The Sivia decision tells us...

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Successful IRP reviews

Successful IRP reviews

Since the new version of the IRP legislation came into effect June 15, 2012, we have had a number of successful IRP reviews. We're happy for these clients. Unfortunately, however, what we have concluded is that the claim that there would be a more thorough review process was simply a lie. The process is actually worse, if you can believe it. The reasoning in the decisions reveals a coordinated attempt to thwart the intent of the Spencer decision and the first Sivia decision. This is unfortunate, because it means that we will be taking many of the review decisions to...

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