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How to find out if you blew into a defective breathalyzer

Defective breathalyzer

On August 10, 2015, we published the evidence about the defective breathalyzers used to issue Immediate Roadside Prohibitions over a 4.5 year period in British Columbia. Last week we explained some of what we did about the defective breathalyzers. This has been a massive project in our office. Although we would have liked to tell everyone about what we were doing many months ago, we didn't want to call further attention to the issue because it might have compromised the defence for some of our clients. We alluded to it. Some careful readers of our blog figured out much of what...

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You blew two Fails. Was that a mistake?

WATCH: I’m gonna tell you about whether you should worry because you blew twice into a roadside breathalyzer. Most people who have been issued an Immediate Roadside Prohibition blew twice into the breathalyzer. And in most cases, they blew two Fails. And many people assume because they blew two Fails, they must be done for. This is simply not the case.[pullquote]Sometimes if you blow twice that may be the thing that actually helps your case when it comes time for a hearing.[/pullquote] Should you worry because you blew two Fails? The irony is that blowing two Fails as opposed to blowing one will occasionally...

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What we did about the defective breathalyzers

What we did about defective breathalyzers

A week ago Kyla explained the big secret about defective breathalyzers. It generated a lot of discussion. Kyla was contacted by a investigative news outlet that would like to report on it, but she suffered an injury mid week, spent a little time in the hospital and is now recovering. You can review the evidence here: Doroshenko Affidavit 1 Part A Doroshenko Affidavit 1 Part B Doroshenko Affidavit 1 Part C Doroshenko Affidavit 2 & 3 Doroshenko Affidavit 4 Doroshenko Affidavit 5 Part A Doroshenko Affidavit 5 Part B The discussion continued on our Acumen Law Facebook page. One person questioned what we did about the defective breathalyzers, suggesting...

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Seven days from a drunk driving stop

Seven days from a drunk driving stop from Paul Doroshenko on Vimeo. WATCH: I'm going to tell you about the first limitation period when you are issued an IRP. If you get an immediate driving prohibition for drinking and driving, it can be very traumatic. If you just got one, we want you to take a deep breath. Our job is to provide legal help to challenge driving prohibitions. There's a good chance we can help you out.[pullquote]Whenever possible one of our IRP lawyers conducts a review of the evidence right away. Then we can design a strategy that has the best...

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The big secret about defective breathalyzers

Bad EEPROM in a defective breathalyzer

Last summer, a little over a year ago, we revealed to the media a problem with breathalyzers in British Columbia. We had determined that there were a lot of defective breathalyzers in use in BC.[pullquote]For the first time ever, available to the public, is Paul's affidavit about the batch of defective breathalyzers. [/pullquote] This was information that we had gathered over several years prior to our announcement, through Freedom of Information requests to police and RCMP for breathalyzer calibration and maintenance records. Early on under the Immediate Roadside Prohibition scheme, we had suspected that there was a particular problem with some...

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Impaired driving? IRP? ARP? Do I have a DUI or what?

WATCH: In BC if you were given a driving prohibition by the police in a drunk driving case you've probably been issued an Immediate Roadside Prohibition. This is a driving prohibition that the police give you right there at the roadside when you blow into a roadside breathalyzer. Immediate Roadside Prohibitions are called IRPs for short. In addition to the driving prohibition, the police also seize your vehicle for up to 30 days.[pullquote]The important thing to know is there is a review process for all drinking and driving roadside suspensions and you can have a hearing about the facts in your...

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Do I really have to blow? Part 3

Do I blow or not?

At the Supreme Court of Canada they deal with lots of hypothetical scenarios because they're considering the reasonably foreseeable implication of certain legislation. We consider them too, but we also see these scenarios play out in real life.[pullquote]This was the real-life case I referred to in Part 2. Our client refused to blow. At the hearing we argued that it was an unlawful demand and we...

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Two false Fails

Two false fails

During the hearing at the Supreme Court of Canada into the first version of the IRP scheme, Justice Moldaver mentioned that a second ASD test more or less eliminates the possibility of an inaccurate reading carrying the day. It wasn't something any of the lawyers picked up to explain. As far as we're concerned, this is a significant problem with the Immediate Roadside Prohibition scheme. The simple fact is that it is not extraordinary to get two false Fails in a row.[pullquote]Very important is to understand that even a tiny drop in your mouth can be expected to produce very...

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Do I really have to blow? Part 2

Do I really have to blow part 2

When I wrote the last blog post, do I really have to blow, I had a particular case in mind that had come across my desk just days earlier. The driver in that case had purportedly refused to blow. The passenger made a video of what transpired after the original ASD demand. It was clear to me that the discussion at the roadside undermined the requirement to blow. The normal answer to the question "do I really have to blow in the breathalyzer" would be yes, but in this case there was a good reason to refuse. The question for...

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Do I really have to blow? Part 1

Do I really have to blow

People often ask me "do I really have to blow?" The answer was simple before the IRP scheme became the law in BC. With a criminal investigation, if you blow and the police broke the law (failed to properly follow the law) in getting you to blow, chances are good that you'd be acquitted of criminal charges flowing from the roadside breath sample. With an IRP it's a lot different. An illegal ASD breath demand has not been a basis to revoke a Fail IRP. So it's complex. But the question remains...

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