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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 64)

Records show police alcohol monitoring equipment is malfunctioning

Records from police detachments around the province show roadside screening devices are malfunctioning or being improperly maintained says a Vancouver criminal defence lawyer. Paul Doroshenko believes this is why portable breath analyzers should never have been used to provide blood-alcohol results that allow police officers to unilaterally suspend driver’s licences for 90 days. “I’ve been so disgusted by this law. I find it so offensive that innocent people can be so punished,” Doroshenko said. Read more: http://www.theprovince.com (Articled has now been archived and is available for purchase through The Province website)...

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We are all on vacation at the moment, so we have not had a meeting to discuss the ruling. We will all be back in the office Wednesday, so you can expect a full update soon thereafter. One immediate difficulty that presents is that the Court has not limited the remedies that can be obtained for the Charter violation arising from the application of the unlawful law. Does this mean, if you get an IRP next 6 months, you can make your Petition to Court for a remedy? Why wouldn't you be able to? You still have the right to a...

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Documents cast doubt on accuracy of breathalyzers

News that a sober Abbotsford, B.C., police officer tried out the department's breathalyzer and failed the test is enough to send chills down the spine of any designated driver in this holiday season. A Vancouver lawyer says the machines police rely on to take drunk drivers off the road and deliver hefty financial penalties are notoriously faulty and things haven't improved in the year since more than 2,000 were taken out of service for recalibration. Although access to information documents show a litany of problems with the devices in Vancouver, Abbotsford, Whistler, Kitimat, Kamloops and Port Moody, none of the problems...

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