17 drunk driving cases tossed because of police.
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- Generalissimo Postalot
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17 drunk driving cases tossed because of police.
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.
Photos
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.”
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- Guru
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Re: 17 drunk driving cases tossed because of lazy police.
“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.
“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.
Do not argue with an idiot. He will drag you down to his level and beat you with experience.
The problem with the gene pool is that there is no lifeguard.
The problem with the gene pool is that there is no lifeguard.
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- Lord of the Board
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Re: 17 drunk driving cases tossed because of lazy police.
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.
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.
All that is required for evil to prevail is for good men to do nothing.
Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
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- Übergod
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Re: 17 drunk driving cases tossed because of lazy police.
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?
- diggerdick
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Re: 17 drunk driving cases tossed because of lazy police.
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
Taking shortcuts, failure to follow procedures Manipulating evidence.
With the new civil law, Your guilty
And you know why,
Because some cop says so
![eyeballspin :eyeballspin:](./images/smilies/confused2.gif)
And the cops have the mADD fanatics drooling at the mouth with self-righteous power
![nutzoid :nutzoid:](./images/smilies/smileycrazyqs4.gif)
There's a reason why cops hate lawyers and judges. because they hold them accountable for their actions
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- Übergod
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Re: 17 drunk driving cases tossed because of lazy police.
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?
cliffy1 wrote:Welcome to the asylum.
- Fancy
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Re: 17 drunk driving cases tossed because of lazy police.
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.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?
Truths can be backed up by facts - do you have any?
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Re: 17 drunk driving cases tossed because of lazy police.
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.
Come quickly Jesus, we're barely holding on.
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Re: 17 drunk driving cases tossed because of lazy police.
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.
- diggerdick
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Re: 17 drunk driving cases tossed because of lazy police.
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.
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- Fancy
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Re: 17 drunk driving cases tossed because of lazy police.
Who said anything about charging innocent ones?
Truths can be backed up by facts - do you have any?
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- diggerdick
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Re: 17 drunk driving cases tossed because of lazy police.
When proper procedures are not followed.
Innocent people are being charged
Innocent people are being charged
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- Fancy
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Re: 17 drunk driving cases tossed because of lazy police.
Speculation not fact. Just because the device certificates were photocopied doesn't mean they weren't working.
Truths can be backed up by facts - do you have any?
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Re: 17 drunk driving cases tossed because of lazy police.
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.
- Fancy
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Re: 17 drunk driving cases tossed because of lazy police.
Which is why the system was fixed.
Truths can be backed up by facts - do you have any?
Fancy this, Fancy that and by the way, T*t for Tat
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