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Recent Cases

Vancouver Criminal Lawyer: Cathryn Moore

3-Day IRP

The Facts:

The driver was stopped by the police for speeding. The officer noted an overwhelming odour or mouthwash. The driver denied consuming any alcohol. The officer demanded the driver provide a sample of breath. The driver provided two “Warn” readings. The driver was issued a 3-day Immediate Roadside Prohibition.

The Argument:

The driver had recently consumed mouth wash. The presence of the mouth alcohol caused falsely high breath test readings, and the results of the Approved Screening Device are unreliable.

The Result:

“I am satisfied that your Blood Alcohol Content was less than 50 mg%.”

The 3-day Immediate Roadside Prohibition was overturned and the impound and storage fees were refunded to the driver.