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Unreliable Breath Samples Tag

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

Gastroesophageal reflux disease

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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Kyla Lee on CTV News: Concerns raised about first device set to be approved for roadside drug detection

The first device set to be approved by the federal government for roadside saliva tests to determine marijuana impairment isn’t suited for cold weather, and has been found to give “fairly large proportions of false-positive or false-negative results.” Last month Justice Minister Jody Wilson-Raybould published a notice of intention to approve the Dräger DrugTest 5000, and list it as “approved drug screening equipment” for law enforcement to use at the roadside to test for both THC and cocaine. However, CTV News has found concerns about the efficacy and efficiency of the device. “It’s inevitable that we’re going to see constitutional challenges as soon as...

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Kyla Lee on Radio NL: Acumen Law lawyer says there will be lots of details to sort out once legal cannabis arrives

Now that we know when legal cannabis will arrive in Canada, a lawyer with Acumen Law says there will be a lot of wrinkles to iron out once legalization arrives. Kyla Lee says, one of the biggest areas of concern will be how drug-impaired drivers are dealt with. “As the driving issue moves forward we are going to see constitutional challenges related to that. It is going to lead to a lot of litigation and I don’t think our courts are prepared to handle that.” Lee says the second-hand smoke issue will also be problematic. To read the full story, click here....

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Secret Projects Team Report

Secret Projects

Here at the Acumen Law Justice Centre, we have a number of projects underway at any given time. Many of them are projects we are undertaking in secret, and that we do not talk about on our blog.[pullquote]We’re not the type of people who give up easily. Or at all. We appealed this decision again.[/pullquote] One of the secret projects we have been working on pertains to the reliability of certain information in the Certificates that police are required to submit for IRP review hearings. Beginning last spring, we began to notice that although certain types of information was required to...

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What we did about the defective breathalyzers

What we did about defective breathalyzers

A week ago Kyla explained the big secret about defective breathalyzers. It generated a lot of discussion. Kyla was contacted by a investigative news outlet that would like to report on it, but she suffered an injury mid week, spent a little time in the hospital and is now recovering. You can review the evidence here: Doroshenko Affidavit 1 Part A Doroshenko Affidavit 1 Part B Doroshenko Affidavit 1 Part C Doroshenko Affidavit 2 & 3 Doroshenko Affidavit 4 Doroshenko Affidavit 5 Part A Doroshenko Affidavit 5 Part B The discussion continued on our Acumen Law Facebook page. One person questioned what we did about the defective breathalyzers, suggesting...

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Beating the breathalyzer – Part 2

Legally beating the breathalyzer

In our last blog post we explained some of the important issues with breathalyzer testing and how you can blow an artificially high or potentially lower reading under certain circumstances. If you want to beat the breathalyzer, in the sense of trying to fool the breathalyzer into thinking you have no alcohol in your body, forget it. It won't work. You can't keep your lungs from expelling alcohol in your blood. There are ways, however, to provide a lower sample that may even more accurately reflect your actual blood-alcohol content. Beating the breathalyzer by having it provide a lower reading...

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Beating the breathalyzer – Part 1

Beating the breathalyzer

We were really surprised that we beat the breathalyzer. We wrote a blog post about it. We were even more surprised about the popularity of the blog post. It seems that there are a lot of people interested in beating the breathalyzer. Still more surprising to us is that we found another way of beating the breathalyzer, in the sense of having the breathalyzer generate lower readings than might otherwise be the case. A little background is necessary. In October 2012 we solicited suggestions from people on how to beat the breathalyzer. We know it’s really easy to have the breathalyzer...

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