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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 67)

Roadside breath tests not always accurate: documents

Internal police documents are raising doubts about the precision of some roadside breathalyzers used by B.C. police to catch drunk drivers. Vancouver lawyer Paul Doroshenko filed Access to Information requests with police departments across the province and found that the screening devices aren't always accurate. Inspection documents from the Vancouver Police Department show some erratic readings on those tools. "Sometimes they grossly inflate the reading that should be reflected on the unit," Doroshenko said. During a monthly calibration in February, one machine calibrated with a standard chemical solution showed a reading of .117 -- when it should have registered .082. If the reading had been...

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The IRP Stigma

We've had a number of reporters call us in the last few days, and everyone rushed to get the story out for the evening news on Thursday. Mi-Jung Lee at CTV had a woman who served her 90-day for an alleged refusal. It was interesting because over the past 14 months many clients did not want to appeal the review decision because they were concerned about the notoriety. This worked in the Government's favour because few people were willing to speak up to explain how unfair the scheme was for fear of public humiliation. We found that many people would read...

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Ruling puts accused drunk drivers back on the road

Hundreds of people who lost their licences after failing roadside breathalyzer tests are getting their permits back after a B.C. judge tossed out part of the province's tough law against drinking and driving. Last week, B.C. Supreme Court Justice Jon Sigurdson ruled that the immediate 90-day driving suspensions issued to drivers who register a blood alcohol level above .08 constitute an infringement of drivers' Charter rights. Lawyer Paul Doroshenko says he's filed reams of petitions to the court since the decision was handed down, on behalf of people who want their driving bans and $500 administrative penalties lifted on an interim basis. "In...

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Hundreds trying to get licences back

Vancouver Criminal Lawyer Paul Doroshenko slams impaired driving law

VANCOUVER (NEWS1130) - A Vancouver lawyer is very busy, getting banned drivers their licences back. The cases are piling up since the BC Supreme Court ruled against the province's tough new drunk driving laws last week. Paul Doroshenko says he represents at least 100 people who've been hit with a 90-day driving prohibition but are due to get their licences back. He says some individuals are desperate to have their driving bans overturned. "Many, many people lost their jobs as a result of this, as anybody who had to drive for a living lost their job because nobody was sticking an Interlock (an...

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Petitions, extensions and stays of driving prohibitions

As we've said, from our perspective the entire issue of 90-day IRPs should have been resolved when Sivia was released last week. But this will linger, which is why we're now encouraging everyone to Petition to court to review the OSMV review decision in their case. If you need us to get an order re-instating your license, it has become quicker and slightly easier. We can usually have an order in about a week. The AG now consents to most orders if the proper documents have been filed and the legal test is met. The orders we filed today extend the...

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