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Approved Screening Device ASD Tag

Can You Fail a Breathalyzer with Grey Poupon?

It’s a tasty addition to any meal, but can Grey Poupon register on a breathalyzer? The mustard brand contains white wine but does this show up on a breathalyzer? Acumen Law Corporation lawyers Kyla Lee and Paul Doroshenko will be testing to see if the condiment can give, what would appear to be, an alcohol reading on an approved screening device (ASD).

Can You Fail a Breathalyzer with Bananas?

Can You Fail a Breathalyzer with Kombucha? Part 1

Welcome to Can You Fail It? We put everyday household items to the test to ask, Can You Fail It? That is, can you give a false positive reading on a breathalyzer after consuming it. After receiving numerous suggestions to test kombucha, we bought three different kinds. We will be testing each of the three brands in three separate videos.

The drinking driving law landscape is changing

Drinking Driving Law is changing

In less than a week the drinking driving law landscape is changing dramatically and Canadians need to know about it. Most people know the phrase “ignorance of the law is not an excuse.” What it means is that even if you don’t know the law on something, you’re still governed by it. And right now that phrase takes on a special meaning because it applies equally when there is a change in the law. Ignorance of a change in the law is also no excuse. So pay attention because this change to drinking driving law is likely to have an...

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Wrongly punished for drunk driving

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Wrongful convictions make for great television dramas. Until about 20 years ago, there seemed to be a significant public appetite to improve the justice system to reduce the risk of wrongful punishment and wrongful convictions. But things changed and we see that our federal government is hell-bent on ensuring people are wrongly punished for drunk driving. You only need to look at Bill C-46 for proof of that. The impudence and sheer in-your-face stupid conceit of C-46 could not have come about if we as a society valued the concept of not punishing the innocent. But despite the television dramas,...

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Innocent of impaired driving in BC

Mouth alcohol from regurgitated stomach contents are a threat to reliable breathalyzer samples

As the annual BC Christmas Counter Attack campaign gets underway, and with the news that Manitoba is introducing an Immediate Roadside Prohibition (IRP) scheme modelled on ours here in BC, we thought it was an appropriate time to discuss those who are innocent of impaired driving in BC. An argument we often hear is that people accused of impaired driving and who succeed in challenging the breath-test readings merely got through due to a technicality. The assumption is that an over .08 reading is enough to assume guilt. The problem with that type of thinking is that it ignores the...

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Criminal Code changes: What to expect in December

With all the excitement of marijuana legalization, the media and the public have largely overlooked accompanying legal changes that will have a significant impact on the rights of drivers. Starting in December, amendments to the Criminal Code related to drinking and driving will come into effect. The new rules are a part of Bill C-46, which received Royal Assent back in June. When you examine some of the provisions, you truly wonder just how they got approved. One explanation is that Bill C-46 is an omnibus bill. With the eagerness to push through cannabis legalization, the government was willing to...

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A first look at Dräger DrugTest 5000

When the Federal Government announced the approved drug screening device for use by Canadian police during roadside screening in Criminal Code investigations was going to be the Dräger DrugTest 5000, we immediately shared our reservations. How did we have reservations in the first place? Simple. We had already done our research. We spend a lot of time and money researching the technology used by police in impaired driving investigations so we can provide our clients with the best defence possible. In the ancient words of Sun Tzu, know your enemy. So by the time the announcement was made, we had already...

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Dräger DrugTest® 5000

Draeger Drugtest 5000

There has been a palpable desire in certain communities to learn which portable drug screener would be approved for use in Canada. There is also a sizeable group who have been waiting to hear my opinion on the ultimate choice. So here we are. The Federal Government has now approved the Dräger DrugTest® 5000 for use by Canadian police to conduct roadside screening in Criminal Code investigations. Although the choice of this particular device was not predicted, it was not unexpected. Allow me to explain. When the Government made clear that there would be new legislation to address the perceived threat of...

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