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Acumen Law Corporation > News (Page 8)

DUI cases tossed due to shoddy paperwork

DUI Cases with photocopied evidence

Vancouver police have been taking shortcuts in DUI cases by photocopying forms used to demonstrate that breathalyzer machines have been tested and are working properly. Criminal lawyer Paul Doroshenko said at least 17 cases of 90-day driving suspensions have been tossed out because of shoddy paperwork provided by the Vancouver police department. "I think every person who got (a driving suspension) in Vancouver should be entitled to a re-hearing based on that evidence," Doroshenko said, noting the forms - known as calibration certificates - were likely included in the offence documentation of hundreds of drivers handed roadside driving suspensions between June and...

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Drunk driving cases tossed due to bad paperwork

Vancouver drunk driving expert lawyer doroshenko

Roughly seventeen drunk driving cases have been thrown out after police cut corners by photocopying alcohol breath test calibration forms. When defence lawyer Paul Doroshenko was working on a case involving suspected drunk drivers he represented, he found that calibration forms police fill out to prove breath tests are working had been photocopied, including the officer’s signature. “We noticed that the police in Vancouver were not actually going through and completing one of these documents for each time that they calibrated and checked the device,” Doroshenko said. “We have no idea whether or not this police officer was actually going through the steps...

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B.C.reviewing drunk driving penalties after laws challenged

Paul Doroshenko specialist in impaired driving law comments on the OSMV and the legal arguments that forced the Government to change course.

Strong legal challenges from motorists forced to pay thousands of dollars in costs as part of the government's get-tough impaired driving laws have prompted a review that could put the brakes on drunk driving penalties worth more than $2,600 for some drivers, says British Columbia's deputy superintendent of motor vehicles. "What's happened is we've had some petitions lately with some strong legal arguments," said Stephanie Melvin. "We've taken another look at what we're trying to do." Vancouver lawyer Paul Doroshenko, whose practice specializes in impaired driving cases, estimates about a half dozen of the 17 motorists who sparked the government review are...

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Roadside breathalyzers not correctly calibrated: Police watchdog

Port Moody police miss the mark with their roadside breathalyzers

PORT MOODY — Nearly a year after allegations surfaced that roadside breathalyzers used by the Port Moody Police Department were incorrectly calibrated, a police watchdog has agreed. The Office of the Police Complaints Commissioner (OPCC) has determined that the force’s approved screening devices (ASD) had been incorrectly calibrated and the allegations of neglect of duty against the officer who used them were substantiated. The OPCC’s final decision was rendered on Sept. 11. The lawyer who brought the allegations forward questioned why it took so long for the department to admit to the problem, suggesting the police were trying to bury the issue. Vancouver lawyer...

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Hundreds of Albertans have seen their vehicles impounded for excessive speeding and impaired driving in B.C.

For 253 Alberta motorists, the strictest traffic laws in Canada turned a holiday trip to Super, Natural British Columbia into a headache trek to the nearest impound lot. That’s how many Alberta vehicles were seized between June and August by B.C. police, after drivers from this province ran afoul of the nation’s harshest speeding and impaired driving laws. As well as speeding, Albertans lost their rides for drinking: A blood-alcohol level over 0.05% can result in a three-day vehicle impoundment, though the legal intoxication limit remains at 0.08%. At least it’s an improvement over 2011 when 660 Alberta vehicles ended up impounded in...

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Port Moody police admit to breathalyzer error

Vancouver Criminal Defense Lawyer Paul Doroshenko

Port Moody police have admitted to an administrative error that could potentially taint the results of 50 failed breathalyzer tests, following a CTV News investigation into the matter last week. The department issued a statement Monday acknowledging that an officer had written an incorrect expiry date onto numerous forms issued for roadside bans in that Metro Vancouver municipality. The case in question was won by lawyer Paul Doroshenko, whose client was able to reclaim his driver’s licence after failing two separate breathalyzer tests in August. Doroshenko told CTV News last week he’s hoping to have all the impaired driving bans issued in Port...

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Lawyer wants Port Moody drunk driving bans overturned

A Vancouver lawyer is calling for all Port Moody impaired driving bans issued since June 15 to be overturned, CTV’s Investigators have learned. Paul Doroshenko recently won a case for a client who failed two breathalyzer tests in that Metro Vancouver municipality in August. Doroshenko reviewed maintenance documents for the screening devices that registered a fail and found that the police officer had changed the service expiry date for them. Through a freedom of information request, Doroshenko obtained the documents for all the Port Moody devices and found discrepancies in all the service expiry dates. He says that casts doubt on all...

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Drunk driving law needs tweaking

Inaccuracy issues raise concerns about immediate penalties for drunk driving. The Alberta government is going to mark Canada Day by rolling out its tough new drinking-and-driving law. In doing so, Alberta will become the first province to institute indefinite suspensions for drivers who blow a breathalyzer reading that exceeds .08. The new drunk driving law will include an immediate licence suspension, and drivers won't get their licence back until the charges have been resolved. Concerns about the accuracy of roadside breathalyzer tests have some merit based on the sometimes machines' spotty track record. A Canadian Press story in December detailed an investigation of...

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Breathalyzers under scrutiny

The Port Moody Police Department has launched a further investigation into potentially flawed approved screening devices, or roadside breathalyzers. In a press release from the Port Moody police last week, the department and the Office of the Police Complaints Commissioner (OPCC) have received a final investigative report for the matter. "At this time the Port Moody Police Disciplinary Authority, in accordance with the regulation of the B.C. Police Act, has requested further investigation be conducted," the release noted. However, the lawyer who brought the original allegations forward is calling for the release of the report. Vancouver lawyer Paul Doroshenko said there are people still...

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