We want your clients to succeed. Over .08 defence isn’t just an issue of running Charter arguments. If you’ve been worried about whether you’re missing something, stop worrying, keep reading and then call us.
Breath testing may seem like the most imposing aspect of any drink-drive case, but it can be the key to an acquittal. Problems with equipment and procedure can often be identified by getting the right disclosure and understanding how the equipment works. This is where we help.
Approved Screening Devices
We’ve got Approved Screening Devices both new and old and often police officers let us get our hands on theirs. In our office we’ve got a bunch of Alco-Sensor FSTs, Alco-Sensor IV DWF, Intoxilyzer 400, Draeger Alcotest 7410. We also have some more exotic devices like the Alco-Sensor V XL, Intoxilyzer 200 and Alcolmeter S-L2. We’ve obtained manufacturer’s manuals for many of the ASDs and various iterations of the the RCMP manuals both for operation and calibration.
And we have all of the calibration equipment, gas standards, simulators and alcohol solutions in our office so we can test out theories and defences if necessary. If there’s an issue with the operation or functioning of an ASD we’ll probably find it in the disclosure and if necessary we can do tests in the office.
Evidentiary breathalyzers are a goldmine of defences. Despite Vic Toews 2008 changes to the Code to eliminate the Carter defence, evidence to the contrary is coming back faster than any Conservative or zealous cop could have imagined because of significant advancements in the forensic science. And we say, welcome back Carter because it’s a final check to ensure your innocent clients aren’t convicted of over .08.
Best, however, is that R. v. St?Onge Lamoureux made it clear that procedure, maintenance and malfunction are fertile grounds for defences in over .08 case (either breath or blood when relying on s.258) and that identifying police errors or problems in this area will usually kill the 253(1)(b).
Long before the Intox EC/IR II landed in detachments in BC, we had the RCMP manuals (Supervisor, training and operation) and started identifying weaknesses. Back in 2008 we identified a problem with the BAC Datamaster C and our investigations were part of the impetus to replace it with the Intox EC/IR II.
We managed to purchase two Intox EC/IR instruments to add to our collection. We tested them. We took them apart and put them back together. We learned a lot.
In addition we also have several BAC Datamasters on hand, an Intoxilyzer 5000 and even functional Smith & Wesson Breathalyzers.
We have 3 models of simulators, Airgas gas standards and lots of parts and mouthpieces.
We have the operators manuals and the training manuals used to train operators, so you can know more than the Technician.
How we can help your client
When we read the disclosure, typically we identify further disclosure you can obtain (and we’ll tell you how) so that you’re prepared with a defence to the 253(1)(b) in your back pocket if your Charter arguments bounce off the wall (or it looks that way). We’ll tell you our ideas on how to build the argument, run the argument and we’ll share what we’ve got to put it all together.
We want you to be the hero. We’ll give you the super powers and hand you the cape.
Training lawyers (and even the police!)
We’ve lectured to lawyers on breath testing equipment and collected evidence from all over the place to held defend over .08 cases. We’ve even lectured to the police.
We’re glad to report that many police officers forget the lessons when they go for a muffin and coffee at the break.
This also happens to the lawyers, but you can always call us to go over it again.