One of the reasons we despise BC’s Immediate Roadside Prohibition scheme is due to its unfairness. If you have COPD, asthma or any number of other medical conditions and can’t blow hard enough into a breathalyzer, chances are you’ll be lumped in with the drunk drivers since you “refused” to provide a breath sample. In […]
COPD, Asthma and the Breathalyzer: What if I can’t blow hard enough? Continue Reading »
The topic of residual mouth alcohol is a common one in any discussion about drinking driving laws. In this context, when someone refers to mouth alcohol, they are typically referencing the presence of alcohol in the mouth when someone is asked to provide a breath sample. Why is this important? A breathalyzer’s role is to
How residual mouth alcohol ruins breathalyzer results Continue Reading »
For many drivers, taking prescription drugs before driving is nothing unusual. Often, these drugs are used to treat pain and when ingested according to instructions, are perfectly safe to take even before getting behind the wheel. Having said that, occasionally we see cases where a driver has been charged for simply taking prescription drugs before
Taking prescription drugs before driving Continue Reading »
Driving while prohibited is considered one of the most serious offences in the Motor Vehicle Act. Until just a decade ago, a first offence meant automatic jail. The act that leads to the first charge of a driving while prohibited offence can be fairly innocent. Let’s say police suspected you of being impaired by drugs
Driving while prohibited: can I go to jail? Continue Reading »
Lawyer Paul Doroshenko explains: The federal Liberal government has some big changes planned for Canadian drivers. The biggest part of this change is how police will have increased powers to pull over anyone for random roadside breath tests. Currently, police are required to form a reasonable suspicion that a driver has alcohol in their body
Canada’s new DUI laws will cost taxpayers millions Continue Reading »
At Acumen Law Corporation, we have always been of the perspective that BC’s Immediate Roadside Prohibition DUI program is flawed. A big part of the reason comes down to reliance on supposedly accurate Approved Screening Devices, or breathalyzers, to determine whether someone may be impaired by alcohol. This week, we wanted to show you how
A tiny bit of mouth alcohol can spike a breathalyzer Continue Reading »
You’re at a bar and someone picks a fight with you. Things start getting nasty. What first began as a verbal barrage quickly turns into shirt-grabbing and shoving. Do you shove back? Are you allowed to take a swing? Is your responsibility to run away? At what point can you defend yourself against this aggression,
Canada’s self-defence laws: When is it too late to defend yourself? Continue Reading »
A common misconception among travellers to Canada from the US is the belief that law-abiding Americans can bring guns into Canada, as long as they leave within a short time frame. This cannot be further from the truth. Any guns coming into Canada must be declared. But often, guns are seized at the Canadian border due to genuine mistakes. There are
In trouble after bringing guns into Canada by mistake? Continue Reading »
The law takes dial-a-dope drug offences seriously. It’s considered a category separate from what’s generally referred to as “street level” dealing, where a dealer hangs out on a corner and is approached by prospective customers looking to buy. Dial-a-dope operations are different. The courts consider these drug lines as commercial operations that exist to bring
Why it’s so easy for police to bust dial-a-dope operations Continue Reading »
You have been told you’re under arrest by police for an alleged crime. Now the officer at the scene wants to search your cellphone, and is even demanding the password from you. Can you refuse to give the password? If you refuse to unlock the phone, can police still access its contents? What if the
When can police search your cellphone in Canada? Continue Reading »
The law acknowledges that citizens have a right to resist arrest if the arrest itself is unlawful. But it’s a “do so at your own risk” type of situation. Generally, officers will not arrest an individual without reasonable grounds that the person being arrested has or is about to commit an offence, or is otherwise
When do you have the right to resist arrest? Continue Reading »
[soundcloud url=”https://api.soundcloud.com/tracks/334207854″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /] This year’s wildfire season has been devastating for BC, with more than 45,000 people displaced from their homes as a result of evacuations. Some of these residents, such as those in Cache Creek, are now on their way home. The homecoming, however, is bittersweet for many who
BC wildfire insurance? How to deal with insurance companies after a fiery season Continue Reading »
