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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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Bad breathalyzer

Bad breathalyzers

Our post on Monday brought up an issue that reporters regularly put to us, i.e. whether the Alco-Sensor IV is a bad breathalyzer and whether there is some other device that would be better. We touched briefly on some of the problems with the device. For example, without any sign or reason one of our devices suddenly and completely lost its calibration part way through the evening. What if this was a road block and not an office party? The only reason we figured this out is because we had the much more accurate BAC Datamaster and the Intoxilyzer 5000 there...

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We beat the breathalyzer (but don’t get funny ideas)

Beat the breathalyzer at a police stop our breathalyzer lawyers beat the breathalyzer

Surprising even to us, is that we managed to confirm a way to beat the breathalyzer. In a blog post from last week, we ask for input concerning theories to beat the breathalyzer. We put this out there because last Thursday we had a testing session (drinking event) in our office to refresh ourselves on issues with breath-testing equipment, and to try some of the theories we have heard of to beat the breathalyzer. We used one of our BAC Datamaster breathalyzers (the ones the police have in the station in BC) our Intoxilyzer 5000 (used in Alberta and Ontario) and...

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Breathalyzer tests

Breathalyzer tests

From time to time in our office we conduct breathalyzer tests to determine if some substance could cause false readings, or to see whether any unusual factor may elicit inaccurate results. We discovered a few things that apparently nobody knew. For one, the Alco-Sensor IV used in Canada can retain alcohol on the fuel cell from a previous subject. We also confirmed that mouth alcohol can cause a false Fail in excess of 20 minutes from completing the last drink, contrary to contemporary police training. We could go on for days about calibration. The breathalyzer tests or experiments that we almost never...

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