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Recent Cases

Vancouver Criminal Lawyer: Cathryn Moore

90-Day IRP

The Facts:

The driver was stopped at a road block. The officer noted a strong odour of alcohol on the driver and the driver was unsteady on his feet. The officer made a breath demand. The driver provided two “Fail” readings. The devices were calibrated properly and were not expired. The driver was issued a 90-day Immediate Roadside Prohibition.

The Argument:

The officer was not operating the Approved Screening Device (ASD) properly and the results of the ASD were unreliable.

The Result:

“Having considered the evidence before me, I find that the ASD used was unreliable.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.