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Is the the Intox EC/IR II the right breathalyzer for BC?

New Breathalyzer in British Columbia

If you're unlucky enough to be arrested for driving over .08, and consequently you are taken back to a police station to blow, you will be asked to provide a sample into an approved instrument, i.e. the big breathalyzer. The approved instrument currently in use in most police departments and RCMP detachments in British Columbia is the BAC Datamaster C. However, this instrument is slowly being replaced by the Intox EC/IR II. We first wrote about it here. If you are unlucky enough to be charged with blowing over 80 mg% in West Vancouver in the last few months, you have...

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New law and your old IRP

Your old IRP

As we review old case files that are headed to Court, we have noticed that in a number of IRP review decisions, new law may change your old IRP. Because the IRP scheme is still relatively new, poorly thought out and filled with flaws, we see a lot of decisions from the OSMV that need to be appealed to BC Supreme Court. People have had their evidence rejected for ridiculous reasons that often betray what's going on at the OSMV tribunal. Spencer and Gillies were the first important Court decisions that started to question the way evidence is parsed to uphold...

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Be thankful

Be thankful

Remembrance Day is always a good opportunity to be thankful for your very existence. Had the Nazis not been defeated, it's very likely that you would not be alive right now. Long before the Nazis invaded Poland in 1939, many smart people in Europe had already figured out what they were all about. The Nazi Party had already been in power for more than half a decade and by 1939 discerning people had figured out their plans. Their goal was world domination, complete destruction of all Jews and enslavement of all people who were not of Germanic origin. Along the way...

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Prohibited without notice and Port Moody update

Prohibited without notice from driving

We have received a few phone calls from people who were represented by other law firms who have learned the hard way that they were prohibited without notice from driving. You may recall that in July 2012, Legal Services Branch sent a letter to lawyers who are acting for people seeking a judicial review of their IRP. The letter defined two groups who had certain aspects of the IRP punishment put off pending the Sivia decision. When Sivia came out, the Government indicated that they want everyone who received an IRP under the unconstitutional law to be punished nevertheless. Some lawyers...

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IRP update for people who served part of the 90-day prohibition

If you served part of the 90-day prohibition and we had the remaining part of the prohibition along with the fines, RDP and interlock stayed, then this IRP update is for you. Back on July 23, 2012, we first discussed the proposal that the Government lawyers put forward to try and pressure people who received 90-day Immediate Roadside Prohibitions under the old scheme to simply give up and accept the fines, interlock, RDP, etc. Of course, the Government still wants their pound of your flesh, preferably before an appellate court reverses the Sivia decision. The Government broke it down into two...

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Perseverance and success

Perseverance and Success

At the end of each month we typically look back to tally our successes and failures and think about what we can do better and how our efforts can be more effective for our clients. One thing that came up in our office discussions yesterday was the very tangible link we see between our perseverance and success. Simply put, if we weren't so tenacious, we wouldn't succeed as often as we do. It was our relentless quest for ASD calibration information that revealed to us that the Port Moody police were incorrectly calibrating their devices. When we figured it out and...

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Port Moody Police finally admit miscalibrating their ASDs

Epic fail Port Moody Police finally admint miscalibrating their ASDs for at least 13 months

An important victory for anyone who received an IRP for Fail or Warn between September 20, 2010 and October 2011: the Port Moody Police have finally admitted miscalibrating their ASDs. We have the press release here. They sent the press release to the local media today (1.5 months after they concluded the investigation) perhaps because it's earthquake and flood week. In any event, even if it only makes it into a few news sources, it's important as a step toward vindication for the people who suffered from these wrongly-issued IRPs. Of course, we revealed the problem back in October 2011: Port Moody...

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Evidence you were under .08

evidence you were under .08 is not enough to succeed on an IRP review

What happens if you receive a 90-day IRP for blowing Fail but there is persuasive evidence you were under .08? The Sivia decision found the IRP law unconstitutional for the very reason that you couldn't advance the argument that you were innocent during your hearing before the OSMV tribunal. Simply put, even if there was evidence you were under .08 (what is called "evidence to the contrary") they wouldn't consider it. So the Court found that was a constitutional violation, and the Government claimed that they would go back to the drawing board to fix it. No fix = Government bad faith: We...

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How to avoid death

How to avoid death

Most of us would like to avoid death as long as possible. Of course, one of the most common ways that people die prematurely is in car accidents. It's no surprise really. Our brains are the results of millions of years of evolution. Until about a hundred years ago, people would go through most of their life traveling only as fast as they could run. A consequence, perhaps, is that our brains can only deal with and respond to information coming at us at about the speed we can run. Driving amplifies the speed at which you travel. Without generally well-designed roads,...

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Breathing and your breath samples

Breathing and your breath samples

We have discussed many times issues that can cause artificially elevated breath samples. Last week we started to address breathing and your breath samples. We know that hyperventilating can generate an erroneously low reading on an Approved Screening Device (ASD). In our own tests we were able to knock off about .014% BAC from the reading by hyperventilating just before blowing. But what about shallow breathing and holding your breath? Could this cause the roadside breathalyzer to give an erroneous high breath reading? People stopped by the police are invariably nervous. It's very rare that a traffic stop ends without at...

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