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Recent Cases

Vancouver Criminal Lawyer: Cathryn Moore

90-Day IRP

The Facts:

The driver was stopped at a roadblock. The officer noted a strong odour of alcohol on the breath of the driver, that the driver had very glassy and watery eyes, and that the driver was unsteady on feet. The driver provided two “Fail” readings. The driver was issued a 90-day Immediate Roadside Prohibition.

The Argument:

The Approved Screening Device service and calibration had expired. There is no evidence to support that the ASD was functioning properly and that the results of the ASD were reliable.

The Result:

“I am not satisfied that the ASD result obtained from a sample of your breath was reliable.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.