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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 52)

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:

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ASD Calibration Fail

One day a report will be released on the Port Moody ASD calibration debacle. We assume it will come on a busy news day, or a Friday so it gets little attention from the media. What astounds us is that we figured out the problem in a matter of minutes and then confirmed our findings in less than an hour. It's been over six months that you have been paying for the New Westminster Police to investigate the issue. What's up with that? We suspect that they've been going through each and every file to try and find some way to isolate...

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Paul Boyd shooting

Quiet place

At the time Paul Boyd was killed by the Vancouver Police, we worked in the same building. I was in a law firm on the second floor and Mr. Boyd worked a few floors above. I saw him from time to time in the small coffee and sandwich shop the main floor. I spoke with him briefly when I ran into him. He came down to the coffee shop, usually with a colleague. I overheard some conversations. He seemed to be a very personable, sensitive, insightful and intelligent individual. He was always courteous waiting for the elevator. When he was killed in...

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90-day Immediate Roadside Prohibitions are back

As we were writing the blog posting for this morning, the Government got Bill 46 on the agenda and it received 3rd reading. 90-day Immediate Roadside Prohibitions for blowing Fail on an ASD are back. The debate is really disillusioning. The NDP did not appear to even understand the process of disputing an IRP. You can read the unofficial Hansard here. All that is left is the formality of the Bill receiving Royal Assent. Typically that happens in a couple of days. Another sad day for justice in BC....

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