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Blow twice

Blow twice

Of course, Immediate Roadside Prohibitions are back, and clients have been asking us what to do if they find themselves in the position where they've been asked to blow. Good question. If it's a police officer asking you, and they seem to be suggesting that you blow into a roadside breathalyzer (Approved Screening Device ASD) you should always try your best to blow. The simple fact is that your blood-alcohol level may be lower than you think. It's possible that you'll blow a Warn or blow in the pass range. If you refuse you'll likely get a 90-day IRP. The defences to...

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Immediate Roadside Prohibitions for Fail come back to BC

Thumbs down because immediate roadside prohibitions for Fail are back

This is the day that Immediate Roadside Prohibitions for Fail (Fail IRPs) come back in BC. As of June 15, if you are stopped at the roadside for an impaired driving investigation, you will no longer have the right to talk to a lawyer. You will no longer see a remedy for any Charter breaches that arise during your interaction with the police. The police can demand a breath sample with no grounds at all and if you provide it and blow a Fail, there is no way to challenge the illegality of the search and seizure. If you refuse, on...

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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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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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Calibration

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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Thoroughly examine the legislation: Bill 46 IRPs for Fail

Examine the legislation IRPs for fail

As of today at 3:30 p.m. the BC legislative assembly is on vacation until October. So the Government hopes to push through the Immediate Roadside Prohibition (IRP) changes in the next few hours. Bill 46 pays lip service to some of the concerns we've raised, but it does nothing to address issues such as the rubber-stamp of Charter violations by the police with respect to IRPs for Fail. In case you missed it, most of our blog is devoted to the catastrophically stupid IRP legislation. We think it should be scrapped. You can spend a few hours reading some of our...

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Expect the expected

The Government is only sitting until the end of the day Thursday before the summer break, so you can expect them to speed through the bills including Bill 46 which brings back IRPs for Fail and Bill 52 which takes away your right to a trial and all of your Charter rights with respect to traffic tickets. Sneaky ones that they are, the Government introduced these bills with less than 3 weeks left in the legislative session along with about 10 other stinky bills. This is the Stephen Harper Federal Conservative method of introducing legislation -- dump a truckload of legislative...

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