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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 48)

The new Immediate Roadside Prohibition scheme

new immediate roadside prohibition scheme sucks

On the weekend we received our first calls from people who received IRPs under the new Immediate Roadside Prohibition scheme and on Monday we finally got a look at the new forms. We've been analyzing them since. Once again, there are major flaws with the scheme and all of that talk about an expanded review process is a pile of garbage. The new material is designed to further limit arguments you can make and to hide the evidence that would help differentiate guilty individuals from those who are innocent. Instead of complying with the direction of the court, the new...

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Blow twice

Blow twice

Of course, Immediate Roadside Prohibitions are back, and clients have been asking us what to do if they find themselves in the position where they've been asked to blow. Good question. If it's a police officer asking you, and they seem to be suggesting that you blow into a roadside breathalyzer (Approved Screening Device ASD) you should always try your best to blow. The simple fact is that your blood-alcohol level may be lower than you think. It's possible that you'll blow a Warn or blow in the pass range. If you refuse you'll likely get a 90-day IRP. The defences to...

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Immediate Roadside Prohibitions for Fail come back to BC

Thumbs down because immediate roadside prohibitions for Fail are back

This is the day that Immediate Roadside Prohibitions for Fail (Fail IRPs) come back in BC. As of June 15, if you are stopped at the roadside for an impaired driving investigation, you will no longer have the right to talk to a lawyer. You will no longer see a remedy for any Charter breaches that arise during your interaction with the police. The police can demand a breath sample with no grounds at all and if you provide it and blow a Fail, there is no way to challenge the illegality of the search and seizure. If you refuse, on...

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Really not immediate roadside prohibitions

Still driving because it's really not an immediate prohibition

Many people have called us in the last two weeks wondering about the Fail 90-day Immediate Roadside Prohibitions (IRP) that were postponed until the end of June. There are two groups of individuals. The first are people who filed for a review shortly before November 30, 2011, and were notified by the OSMV that their prohibition would not come into effect until June 30, 2012. The OSMV said it would render a decision in their case before that date. As far as we're concerned, the Immediate Roadside Prohibition law is unconstitutional and these dated IRPs can't be patched up. Also, it...

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Breathalyzers under scrutiny

The Port Moody Police Department has launched a further investigation into potentially flawed approved screening devices, or roadside breathalyzers. In a press release from the Port Moody police last week, the department and the Office of the Police Complaints Commissioner (OPCC) have received a final investigative report for the matter. "At this time the Port Moody Police Disciplinary Authority, in accordance with the regulation of the B.C. Police Act, has requested further investigation be conducted," the release noted. However, the lawyer who brought the original allegations forward is calling for the release of the report. Vancouver lawyer Paul Doroshenko said there are people still...

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Criminal case law at IRP hearings

Criminal Case Law at IRP hearings

With Immediate Roadside Prohibitions (IRPs) coming back at the end of this week many of our clients, readers, and fellow lawyers are wondering how IRP hearings will change after the amended legislation takes effect. Our thinking is that they probably won’t change very much. When we conduct hearings before the Superintendent, we frequently rely on case law from the criminal courts with respect to the reliability and admissibility of the approved screening device (ASD) results. Under the old regime, when we argued a position using a criminal case as our precedent, the delegates at the Superintendent’s office simply dismissed our argument...

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ASDs that were not reset to give Warn at .06

Yes, we noticed it and one of our readers did too. If you look at the image of the invoice from our blog posting on June 7, 2012, you will see a unit described as having a serial number 1014890. The serial number listed is an error -- the actual unit was 101489 or 101490 (or both). But that doesn't matter so much. What matters is the service work done to this unit and the date of the invoice. When they were working on the unit the person performing the service discovered that it had not been reprogrammed to register a...

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B.C. lawyers warn of Alberta’s ‘deeply disturbing’ impaired driving laws

Bottoms up Alberta, you could be in for one heck of a courtroom clash. That’s the warning from B.C. lawyers who say new impaired driving legislation due to begin implementation here in one month may actually inhibit civil rights more than widely challenged laws in their own province. “This whole thing is deeply disturbing,” said Paul Doroshenko, a veteran Vancouver lawyer who hails originally from Edmonton. “Any smart judge watching this in Alberta is going to notice the exact same thing.” Read More: http://metronews.ca/news/edmonton/254885/b-c-lawyers-warn-of-albertas-deeply-disturbing-impaired-driving-laws/...

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