In 2015, British Columbia replaced the older Alco-Sensor IV DWF, an Approved Screening Device (ASD), with the newer Alco-Sensor FST breathalyzer. Now, with over a decade of data, we can see that this change led to a significant rise in “refuse to blow” cases. But why would a new ASD cause more drivers to be […]
Did a New Breathalyzer Lead to More Refusals in BC DUI Cases? Continue Reading »
Back in December, the new amendments to the Criminal Code came into effect, including what is called a mandatory roadside breathalyzer test. In essence, the police can demand that a driver provide a sample of their breath into a roadside breathalyzer (Approved Screening Device, A.K.A ASD) without any grounds to believe the driver has been
All breathalyzer demands are mandatory Continue Reading »
Regular readers of this blog will be well-aware of our concerns with the adjudication of driving prohibitions by the Superintendent of Motor Vehicles. Salient legal arguments in Immediate Roadside Prohibition disputes regularly appear to be disregarded or particular issues are scrutinized to the point that other issues are ignored. Perhaps it has something to do
Judicial Review successes for Kyla Lee of Acumen Law Continue Reading »
Regularly we represent clients who refused to blow because they don’t trust the breathalyzer. We get it. We don’t trust the breathalyzer either, generally speaking. But as a strategy to deal with the police in a DUI investigation, refusing to blow because you don’t trust the breathalyzer is a mistake. Here’s why. How many people
Don’t trust the breathalyzer? Continue Reading »
No machine or device is infallible. Apple spends billions on the development of the their devices. Nevertheless, iPhones still screw up from time to time. If your iPhone freezes up while you’re playing Plants vs. Zombies it’s not the end of the world. But what happens when breathalyzers fail? The results are typically catastrophic. We
When breathalyzers fail Continue Reading »
Recently the BC Supreme Court released another decision concerning Immediate Roadside Prohibitions and the OSMV Tribunal, Ema v. British Columbia (Superintendent of Motor Vehicles) 2013 BCSC 47. In that refusal to blow case, the officer indicated he detected an odour of liquor on Mr. Ema’s breath. Mr. Ema argued at the original hearing that he
Refusal to Blow and your IRP Continue Reading »
We’re getting a reputation in British Columbia, but it isn’t for our mountains, our pipeline flip-flopping premier or our deflating real estate bubble. It turns out that we are now being viewed as The Land That Justice Forgot. The Immediate Roadside Prohibition scheme (IRP or ARP scheme – whatever you want to call it) is
British Columbia: The land that justice forgot Continue Reading »
Yesterday we discussed the small but important pile of papers you get when the police send you home after arresting you in a drinking driving case. Most people are charged with: Impaired Driving s.320.14(1)(a); and Being At or Over .08 s.320.14(1)(b); or Refusal to Provide a Breath Sample s.320.15 Criminal Code drinking and driving offences
Court Papers in Drinking Driving Cases Continue Reading »
The Alco-Sensor IV, which is the roadside breathalyzer that we use in BC, is a sturdy, nicely-designed device that is well suited for its purpose, i.e. to screen drivers to determine who should be subject to breath tests on an evidentiary breath tester. One of the reasons that they should never be used to justify
Kill the Breathalyzer Continue Reading »
Earlier this week we announced that the Sivia case has been appealed. One aspect of this appeal relates to the Court’s decision that IRPs for refusing or failing to comply with an ASD test are constitutional. In our view, they are not. Not even close. Even though the Sivia case is under appeal, the police
Refusal IRPs Continue Reading »
