The B.C. government is shifting traffic violations out of court in a move lawyers fear strips motorists of constitutional rights. The Liberals are implementing amendments passed with no fanfare in 2012 to establish a new process for handling offences under the Motor Vehicle Act, similar to the paradigm shift made dealing with drunk drivers in […]
B.C. moves to eliminate court trials for traffic violations Continue Reading »
A YouTube video of a Vancouver police sergeant, who smashed a motorist’s window, has raised questions about the rights drivers have when they are pulled over by police. The testy exchange caught on video shows the unidentified driver opening his window just a crack and infuriating the police officer by not stepping out of the
Vancouver police officer smashes driver’s window Continue Reading »
KAMLOOPS – New legislation proposed by the B.C. Liberals this week throws out the presumption of innocence and instead presumes people accused of impaired driving are guilty until they prove otherwise, says a Vancouver defence lawyer specializing in impaired driving. Lawyer Kyla Lee says the proposed legislation must be challenged. “In every case now people
Proposed legislation will strip presumption of innocence Continue Reading »
VICTORIA — B.C.’s justice minister admits the government’s contentious drunk driving penalties may again be challenged as unconstitutional after proposed changes this week. New legislation will make it mandatory for repeat offenders to be referred to remedial programs, including the ignition interlock system that requires a person to blow into a breathalyzer before a vehicle
B.C.’s police complaint commissioner has reviewed hundreds of Abbotsford police search warrants and found problems that could put at least 43 cases in jeopardy. Paul Doroshenko, a defence lawyer, said he has already written a letter to representatives of the Public Prosecution Service of Canada, asking for information on which cases may have been impacted.
Probe of Abbotsford police officers puts cases in jeopardy Continue Reading »
The massive investigation into corruption at the Abbotsford Police Department has cast a dark shadow on investigations done by the accused officers. Some lawyers, such as Paul Doroshenko, have already begun checking if any evidence that was used against his clients came from one of the search warrants that are now part of the investigation.
Accused Abbotsford police officers’ investigations could be re-opened Continue Reading »
VANCOUVER (NEWS1130) – There’s been a significant development regarding BC’s tough drinking and driving laws. They will be scrutinized by Canada’s highest court as several people have filed a challenge. Lawyer Kyla Lee says whatever happens, things will likely change, adding the Supreme Court of Canada will essentially decide whether the laws are constitutional and
Supreme Court to review BC’s drinking and driving laws Continue Reading »
The New Westminster Police are rolling out a new breathalyzer that’s new to British Columbia. It’s called the Alco Sensor FST, and New Westminster is the first police force in B.C. to purchase them. Criminal lawyer Paul Doroshenko says the current breathalyzers being used are a “25 year old technology.” Still, the new technology isn’t
New breathalyzers coming to New Westminster, but familiar problems persist Continue Reading »
In 2010 B.C. introduced a new impaired driving law, which included immediate roadside penalties, license suspensions, and the impounding of cars; making the province’s drunk driving laws among the toughest in the country. According to RCMP documentation obtained through a Freedom of Information Act request by Acumen Law Corporation defense lawyer Paul Doroshenko, it also
RCMP internal audit on breathalyzers shows “massive problems”: lawyer Continue Reading »
Significant problems and serious errors with the devices and procedures used for roadside suspensions and drunk-driving charges have been identified in internal RCMP audits. Although conducted last year, the findings of the internal quality assurance reviews — “completed in random to ensure that units/detachments are correctly calibrating and documenting the Approved Screening Devices” — are
Mountie audits reveal serious errors in roadside drunk-driving checks Continue Reading »
The B.C. Supreme Court has rapped the provincial government’s knuckles for penalizing allegedly impaired motorists under the original version of the anti-drunk driving scheme after it was struck down. Victoria had no authority after June 30, 2012 — the deadline to fix the flawed sections of the Motor Vehicle Act — to impose certain Immediate
Court quashes penalties imposed under invalid drunk-driving law Continue Reading »
The province’s tough anti-drunk driving program has taken another blow after a B.C. Supreme Court decision that could see thousands of immediate driving prohibitions set aside. Justice Jane Dardi ruled in oral reasons Friday that the Superintendent of Motor Vehicles has the responsibility to overturn any prohibition issued by a police officer who hasn’t provided
B.C. Supreme Court takes another swipe at drunk-driving enforcement Continue Reading »
