A hot topic this week has been whether the Government can rely on the unlawful legislative scheme if the police allege that the subject failed or refused to blow. In other words, if they don’t get a sample, can they then say that the search and seizure wasn’t unreasonable because there are no results to […]
Refusal Allegations and 90-day IRPs Continue Reading »
Howard and the crew who argued Sivia, as well as the lawyers for the Government will appear in Court on Monday to make submissions on what should happen as a result of the finding that the IRP scheme is unconstitutional. Kyla wrote some of the draft arguments concerning the Charter issues. We were confident the
BC Supreme Court on Monday Continue Reading »
Firstly, we’d like to thank all of the people who have phoned and emailed us in the last couple of weeks. It’s been gratifying to know that so many people support the work we do, and that so many people are following our updates. It’s inspiring to see that people are aware of the threat
Bad-Faith Government and Kitimat ASDs Continue Reading »
We have a number of clients waiting for a decision on their review hearing with the OSMV. We are also fielding many calls and emails from people who conducted their own hearing or had another law office conduct the hearing, and have yet to receive a decision from the OSMV. This is what we know:
Update – waiting for an OSMV review decision Continue Reading »
If you’ve read some of the previous blog postings, you’ll see that we dug up a lot of material over the last 16 months concerning problems with the ASDs. We knew that it was a mistake to rely on them for harsh punishment. So we were encouraged when the Spencer decision came out a few
The Government Responding to the Court Continue Reading »
We expect that arguments will be made to the Court before Christmas concerning what the declaration should be, i.e. what sections of the law will be struck or modified and whether this will apply retrospectively. We expect the Government to take the position that the decision applies from this point forward. There has also been
IRPs – People Serving the Punishment Continue Reading »
Mi-Jung Lee had another report on the IRP scheme, this time dealing with ASD accuracy problems and ASD malfunctions. She picked one of many inaccurate calibration tests to give as an example. The spokesman for the VPD said one with such a reading would have gone for repair, but she did not say that this
ASD Accuracy Problems Continue Reading »
Internal police documents are raising doubts about the precision of some roadside breathalyzers used by B.C. police to catch drunk drivers. Vancouver lawyer Paul Doroshenko filed Access to Information requests with police departments across the province and found that the screening devices aren’t always accurate. Inspection documents from the Vancouver Police Department show some erratic
Roadside breath tests not always accurate: documents Continue Reading »
We’ve had a number of reporters call us in the last few days, and everyone rushed to get the story out for the evening news on Thursday. Mi-Jung Lee at CTV had a woman who served her 90-day for an alleged refusal. It was interesting because over the past 14 months many clients did not
The IRP Stigma Continue Reading »
Hundreds of people who lost their licences after failing roadside breathalyzer tests are getting their permits back after a B.C. judge tossed out part of the province’s tough law against drinking and driving. Last week, B.C. Supreme Court Justice Jon Sigurdson ruled that the immediate 90-day driving suspensions issued to drivers who register a blood
Ruling puts accused drunk drivers back on the road Continue Reading »
VANCOUVER (NEWS1130) – A Vancouver lawyer is very busy, getting banned drivers their licences back. The cases are piling up since the BC Supreme Court ruled against the province’s tough new drunk driving laws last week. Paul Doroshenko says he represents at least 100 people who’ve been hit with a 90-day driving prohibition but are
Hundreds trying to get licences back Continue Reading »
December 8, 2011 The decision to overturn part of B.C.’s drunk-driving laws has sparked several legal challenges.
Drunk-driving challenges Continue Reading »
