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Interview on the Kash Heed show re the ‘independence’ of RoadSafetyBC’s tribunal

problems with breathalyzers

Today on The Kash Heed Show, we had the pleasure of having an engaging and informative conversation with Paul Doroshenko, a criminal lawyer from Acumen Law Corporation.[pullquote]Acumen Law is “disclosing what’s going on behind the scenes” and are using it in defence of their clients.[/pullquote] The Attorney General lost a recent suit against Acumen Law relating to a Freedom of Information request from Acumen, and now there has been some dispute regarding 19 pages of a document released to the law corporation, and the government wants it back. Doroshenko has made it clear that won’t be the case. In his words,...

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Ian Mulgrew: FOI a sham when it comes to anti-drunk-driving law

FOI a Sham

Freedom of Information in this province is becoming a farce when a request for material on anti-impaired driving measures produces little more than “Good morning” salutations. About a year ago the B.C. government introduced changes to the controversial Immediate Roadside Prohibition scheme that allows the superintendent of motor vehicles to rely on its own “technical materials” in dismissing a motorist’s defence. The superintendent’s office now can prepare evidence and use it to reject submissions from drivers appealing the tough penalties handed out by police. The law allows the “independent” adjudicators, who work for the government, to rely on “technical, medical or scientific evidence...

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B.C. court eases rules for appealing roadside suspensions

Immediate Roadside Prohibition specialist Kyla Lee

Court says B.C. superintendent of motor vehicle has the power to consider new evidence Read more: http://www.vancouversun.com/news/court+eases+rules+appealing+roadside+suspensions/11583738/story.html The B.C. Liberal government’s much-ballyhooed, tough-as-nails approach to drunk driving has again run afoul of the B.C. Supreme Court. In a 29-page decision, Justice Peter Voith sharply scolded the superintendent of motor vehicles for wrongly interpreting the law to prohibit drivers from introducing fresh evidence during an appeal of an immediate roadside prohibition. “Let us assume, for the moment, that the new evidence secured by the petitioner unequivocally established that the approved screening device used to secure a breath sample from him had been defective,” he said....

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BC drunk driving laws will continue to be battled in court

We will fight these cases in court says Doroshenko

Drunk driving charges in British Columbia are likely to continue to be battled in court, despite a recent decision from the Supreme Court of Canada, say lawyers familiar with the case.[pullquote]"This spin that they've had all along that this is the toughest drunk driving law in the country is absolute garbage," said Doroshenko.[/pullquote] Earlier this year, RCMP in Tofino and Vernon calibrated their breathalyzers with the wrong gas, according to documents obtained through a freedom of information request. As a result, 51 drivers had their suspensions reversed. Lawyers worry there could be others who get punished, even though they're not actually impaired. "You're...

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Province cancels dozens of IRPs due to RCMP mistakes

Province cancels IRPs

The provincial government has quietly cancelled over 70 roadside suspensions after learning RCMP had been using incorrect gas to calibrate their breathalyzers. It’s policy that they use certified gas and they were not.[pullquote]The government’s been doing everything to keep this in the can,” he tells us. [/pullquote] These details were obtained through a Freedom of Information request. It’s 70 pages of correspondence between staff with the Ministry of Justice and the Superintendent of Motor Vehicles, discussing how they will tell the people affected and what the minister should say to the media if asked. It includes a copy of the letter sent to 39 drivers...

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BC Government – RCMP Scheme Revealed in Immediate Roadside Prohibition Law

Defective Breathalyzer news report

Lawyers from Acumen Law Corporation have recently published their findings after years of research and fighting battles against the Immediate Roadside Prohibition (IRP) within the legal system. The company’s lawyers claim that the BC Government, the Superintendent of Motor Vehicles and the RCMP were all well aware of a problem with specific roadside breathalyzers which were being used to charge thousands of citizens under the IRP law since 2010. Kyla Lee, a lawyer for Acumen, recently published a blog post on the company’s website where she revealed details and the background of the battle that Acumen lawyers have been fighting. HautNews...

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Teen apologizes for kissing reporter at music festival

Paul Doroshenko Criminal Defence Lawyer

The CBC News reporter who was kissed on the cheek by a shirtless stranger at last weekend’s Squamish Valley Music Festival has accepted his apology. Megan Batchelor said the 17-year-old contacted her on Twitter Monday and sounded sincerely regretful for what he did. Batchelor has made a complaint to the RCMP after she was kissed by a festival attendee during a live report. Reaction to the highly-publicized kiss has been split on social media, with many lashing out at the reporter for filing an RCMP report about the incident. Paul Doroshenko, a criminal defence lawyer in Vancouver, said Batchelor’s response was entirely appropriate, and...

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Sarah Leamon: Bill C-51 is the wrong answer to terrorist threats

C51 and terrorist threats

The Canadian Incident Database recently confirmed that in the last 54 years, there have been about 1,800 terrorist threats involving Canada. A pretty jarring statistic, isn’t it? I can admit that when I first read it, I was surprised. As a Canadian, I don’t often associate the words “Canada” and “terrorism” with one another. As peace-keeping country with an international reputation for being friendly, mild-mannered, and overly polite, Canada doesn’t really lend itself to becoming a “terror target”—and yet the statistics seem to say otherwise. Or do they? If we break that number down, we’ll quickly discover that 1,800 threats over the...

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Disputed traffic tickets on the rise in B.C.

Disputed Traffic Ticket

Under new system, lawyer says there will be no right of appeal As the B.C. government moves to shift traffic violations out of court, data from ICBC show the number of disputed tickets has been on the rise since 2008. Lawyers are questioning the planned shift, fearing the move will strip motorists of their constitutional rights. Under legal amendments enacted by the B.C. government, police will stop writing tickets and will electronically issue what are called “driving notices” with an online payment system. Disputing a notice involves a three-part process, according to Vancouver lawyer Kyla Lee. Initially, adjudication officers with the office of the superintendent...

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