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17 drunk driving cases tossed because of police.
Posted: Jan 23rd, 2013, 9:26 pm
by Liquidnails
http://bc.ctvnews.ca/drunk-driving-case ... -1.1125545 Roughly seventeen drunk driving cases have been thrown out after police cut corners by photocopying alcohol breath test calibration forms.
When defence lawyer Paul Doroshenko was working on a case involving suspected drunk drivers he represented, he found that calibration forms police fill out to prove breath tests are working had been photocopied, including the officer’s signature.
“We noticed that the police in Vancouver were not actually going through and completing one of these documents for each time that they calibrated and checked the device,” Doroshenko said.
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Supreme Court clarifies drunk driving law
A police officer gives a drinking-and-driving suspect a breathalyzer test in Vancouver in this undated image.
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CTV obtained identical copies of breath test calibration forms, including an officer's signature, that were used for four different drunk driving cases. (Paul Doroshenko)
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CTV obtained identical copies of breath test calibration forms, including an officer's signature, that were used for four different drunk driving cases. (Paul Doroshenko)
“We have no idea whether or not this police officer was actually going through the steps to calibrate them.”
As a result, approximately 17 people who were received 90-day driving bans had them revoked by the superintendent of motor vehicles, who deemed the devices unreliable.
Potentially hundreds of drivers who were caught could fight their penalties and win as the photocopying took place between June and December of 2012, Doroshenko said.
Bob Rorison, spokesman for MADD Metro Vancouver, said he hopes the potential of receiving a 90-day ban would scare the drunk drivers who got off from repeating the offense.
“I’m hoping that the people that did get caught drinking and driving realize how lucky they are,” he said. “I’m also hoping that the Vancouver police department that did all this hard work will have some consequences for the police that made this stupid mistake.”
Vancouver Police Chief Jim Chu said he was aware that the department received a complaint about improperly filled-out calibration forms.
“We always strive to do everything the best we can within the requirements of what the courts require,” Chu said.
“Certainly there’s times also when we’re trying to create administrative efficiencies, and trying to keep the officers out on the streets so they can catch impaired drivers instead of being tied up in the office doing paperwork.”
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 6:36 am
by twobits
“We always strive to do everything the best we can within the requirements of what the courts require,” Chu said.
“Certainly there’s times also when we’re trying to create administrative efficiencies, and trying to keep the officers out on the streets so they can catch impaired drivers instead of being tied up in the office doing paperwork.”
It would appear that the Chief of the Vancouver Police thinks that a persons rights to justice and due process are nothing but inconvenient paperwork.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:09 am
by KL3-Something
That issue has been resolved across the province with introduction of a new certificate.
Doroshenko says that just because the calibrating member makes photocopies with all of the common data that is the same for all of the ASD's that are calibrated at one sitting, there is no way to know that the ASD's where being calibrated at all.
Well even if the member completes the forms one at a time and signs each one separately (which is the best practice way to do it) how does he know for certain that the calibrator actually took the ASD's off the shelf? Ever? He doesn't. It's the same with any instrument that the police utilize that requires a member to complete a certificate. Or even those that don't required a certificate, and requires pre- and post shift-testing that the officer then has to swear or affirm to in court that he did. How do you know that any of those instruments were actually calibrated? It comes down to integrity.
But this is a good example of how tilted in the favor of the accused the IRP appeal system actually is.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:27 am
by SurplusElect
KL3-Something wrote:But this is a good example of how tilted in the favor of the accused the IRP appeal system actually is.
LOL, it's better to set things up so people slip into jail/trouble with ease?
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:48 am
by diggerdick
This shows why police officers lose so many cases when they are put in front of a judge In a court of law.
Taking shortcuts, failure to follow procedures Manipulating evidence.
With the new civil law, Your guilty
And you know why,
Because some cop says so
no lawyer, no judge just because a handheld toy that says pass or fail .
And the cops have the mADD fanatics drooling at the mouth with self-righteous power
There's a reason why cops hate lawyers and judges. because they hold them accountable for their actions
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:51 am
by underscore
Serious question, how unreliable can they actually be if they miss a calibration or two? I'm assuming all the cases that were thrown out were for people who blew extremely close to the limit?
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:55 am
by Fancy
underscore wrote:Serious question, how unreliable can they actually be if they miss a calibration or two? I'm assuming all the cases that were thrown out were for people who blew extremely close to the limit?
I didn't read it that way - because the documents were photocopied, the judge deemed the devices unreliable and 17 people who had the 90 day ban were let off the hook.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 8:57 am
by FreeRights
SurplusElect wrote:LOL, it's better to set things up so people slip into jail/trouble with ease?
I think that, if you read what he wrote, you'd have a better idea as to what he was talking about.
The devices may or may not have been calibrated. Even with a specific certificate completed for it, it also may or may not have been calibrated.
Because in either case, the circumstances are the same, and the alleged drunk drivers got off on a technicality.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:04 am
by abbyrugby
underscore wrote:Serious question, how unreliable can they actually be if they miss a calibration or two? I'm assuming all the cases that were thrown out were for people who blew extremely close to the limit?
Fruit of the poisonous tree.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:12 am
by diggerdick
In these sort of cases, Law enforcement Seems to believe citizens are guilty And must be proven innocent. Totally opposite To the justice system . Better to charge a few innocent ones Then let one guilty one go.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:28 am
by Fancy
Who said anything about charging innocent ones?
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:30 am
by diggerdick
When proper procedures are not followed.
Innocent people are being charged
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:35 am
by Fancy
Speculation not fact. Just because the device certificates were photocopied doesn't mean they weren't working.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:54 am
by abbyrugby
Fancy wrote:Speculation not fact. Just because the device certificates were photocopied doesn't mean they weren't working.
The only fact is that 17 people were let off. If police want the ability to be judge, jury and executioner...............they''d better not be cutting corners.
I'm for cracking down on drinking and driving..............but I don't like how they are going about doing it.
Re: 17 drunk driving cases tossed because of lazy police.
Posted: Jan 24th, 2013, 9:58 am
by Fancy
Which is why the system was fixed.