Immediate Roadside Prohibitions
Recent Successes
| CASE NAME: | R. v. S.N. |
| CHARGE(S): | 90 Day IRP - ASD "Fail" Readings |
| LOCATION: | Delta, British Columbia |
| RESULT: | 90-day IRP overturned. ASD “FAIL” reading was found to be inaccurate because it occurred within 15 minutes of the client’s last alcoholic beverage. |
| CASE NAME: | R. v. M.K. |
| CHARGE(S): | 90 Day IRP - ASD "Fail" Reading |
| LOCATION: | Cumberland, British Columbia |
| RESULT: | IRP overturned after the Adjudicator agreed with counsel's submission that the "fail" reading on the ASD was inaccurate because the ASD was not properly serviced prior to use. |
| CASE NAME: | R. v. P.L. |
| CHARGE(S): | 90 Day IRP – Refusal |
| LOCATION: | Nanaimo, British Columbia |
| RESULT: | IRP overturned. Counsel successfully argued the ASD demand was unlawful because the officer did not read the demand immediately after forming his suspicion that client had alcohol in his body. |
| CASE NAME: | R. v. J.G. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Vancouver, British Columbia |
| RESULT: | IRP overturned because client blew the “fail” readings despite having a blood alcohol concentration under 80 mg%. The “fail” readings were caused by mouth alcohol. Even though client’s last drink was more than 15 minutes before the breath tests, mouth alcohol remained a problem due to the chewing tobacco in the client’s mouth. |
| CASE NAME: | R. v. K.I. |
| CHARGE(S): | 90 Day IRP – Refusal |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Client issued a 90-day IRP after multiple failed attempts at providing a suitable breath sample. IRP overturned because client had a reasonable excuse for failing to provide a sample due to a medical condition. |
| CASE NAME: | R. v. G.T. – ASD “Fail” Readings |
| CHARGE(S): | 90 Day IRP |
| LOCATION: | Maple Ridge, British Columbia |
| RESULT: | IRP overturned because the Report to Superintendent submitted by the officer was not properly sworn or affirmed. Although the officer submitted a Report that appeared to be sworn, counsel successfully argued the Report was a nullity due to the apparent perjury of the officer. |
| CASE NAME: | R. v. E.B. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | 100 Mile House, British Columbia |
| RESULT: | IRP overturned. The ASD “fail” readings were inaccurate because client had a cough candy containing alcohol in his mouth less than 15 minutes before the ASD tests. |
| CASE NAME: | R. v. L.A. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Nanaimo, British Columbia |
| RESULT: | IRP overturned following arguments that the ASD “fail” readings were unreliable due to mouth alcohol. Counsel successfully argued the ASD “FAIL” readings were inaccurate because client had poor dental work that caused the alcohol from his last drink to stay in his mouth longer than the usual 15 minutes. |
| CASE NAME: | R. v. S.S. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Reading |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Client blew a “fail” on an ASD. IRP overturned because officer failed to properly advise client of his right to a second test. Although officer read client this right, there was language barrier and client did not understand. |
| CASE NAME: | R. v. R.C. |
| CHARGE(S): | 90 Day IRP - Refusal |
| LOCATION: | Surrey, British Columbia |
| RESULT: | IRP overturned. Adjudicator agreed with counsel’s argument that the ASD demand was invalid because the officer was lacking the requisite grounds to make the demand. |
| CASE NAME: | R. v. H.J. |
| CHARGE(S): | 90 Day IRP - Refusal |
| LOCATION: | Richmond, British Columbia |
| RESULT: | 90-day IRP overturned. Although client was found in the driver’s seat of his running vehicle, counsel successfully argued he was not in care or control of his vehicle at the time the officers arrived on scene. |
| CASE NAME: | R. v. E.F. |
| CHARGE(S): | 90 Day IRP - ASD “Fail” Readings |
| LOCATION: | Kelowna, British Columbia |
| RESULT: | 90-day IRP overturned because client consumed alcohol after the time of driving. |
| CASE NAME: | R. v. A.K. |
| CHARGE(S): | 90 Day IRP |
| LOCATION: | New Westminster, British Columbia |
| RESULT: | IRP overturned because the officer failed to submit a properly sworn Report to Superintendent within 7 days of the date the IRP was served. Although the Report was signed by both the officer and a Commissioner for Taking Affidavit, the demonstrably false content of the Report rendered it a nullity. |
| CASE NAME: | R. v. C.C. |
| CHARGE(S): | 90 Day IRP - Refusal |
| LOCATION: | Richmond, British Columbia |
| RESULT: | IRP overturned. Adjudicator agreed with counsel’s argument that the ASD demand was unlawful. |
| CASE NAME: | R. v. D.M. |
| CHARGE(S): | 3 Day IRP – ASD “Warn” Reading |
| LOCATION: | Surrey, British Columbia |
| RESULT: | 3-day IRP overturned. Adjudicator found client was not in care or control of his vehicle at the time the officers arrived on scene, despite the fact client was in the driver’s seat with the keys in the ignition. |
| CASE NAME: | R. v. J.C. |
| CHARGE(S): | 90 Day IRP - Refusal |
| LOCATION: | Vancouver, British Columbia |
| RESULT: | 90-day IRP overturned following argument that the ASD demand was unlawful. |
| CASE NAME: | R. v. G.R. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Mission, British Columbia |
| RESULT: | IRP overturned because client consumed alcohol after the time of driving, just prior to police arriving on scene. |
| CASE NAME: | R. v. M.C. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Armstrong, British Columbia |
| RESULT: | 90-day IRP overturned after counsel argued the ASD “fail” readings were unreliable. The officer submitted Certificates of a Qualified ASD Calibrator to show the ASDs that produced the “fail” readings were properly serviced and calibrated. Both Certificates were purportedly completed by the same qualified technician but the signatures on the two Certificates did not match. |
| CASE NAME: | R. v. G.C. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | 100 Mile House, British Columbia |
| RESULT: | IRP overturned following arguments that the client blew the “Fail” readings despite having a blood alcohol concentration under 80 mg% and the “Fail” readings were caused by mouth alcohol. Mouth alcohol remained an issue because client’s asthma inhaler, which he used less than 15 minutes before his ASD tests, contained alcohol. |
| CASE NAME: | R. v. G.N. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Osoyoos, British Columbia |
| RESULT: | 90 Day IRP overturned because client blew the “fail” readings despite having a blood alcohol concentration under 80 mg%. The “fail” readings were inaccurate because client rinsed his mouth with an alcohol-based mouthwash less than 15 minutes before the breath tests. |
| CASE NAME: | R. v. J.D. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Surrey, British Columbia |
| RESULT: | IRP overturned. Counsel successfully argued the “fail” readings were inaccurate because client sprayed a breath spray containing alcohol into his mouth less than 15 minutes before the ASD tests. |
| CASE NAME: | R. v. J.L. |
| CHARGE(S): | 90 Day IRP – Refusal |
| LOCATION: | Mission, British Columbia |
| RESULT: | IRP overturned because client consumed alcohol after the time of driving. |
| CASE NAME: | R. v. S.F. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Vancouver, British Columbia |
| RESULT: | IRP overturned. The “fail” readings were unreliable because client consumed alcohol within 15 minutes of the breath tests. |
| CASE NAME: | R. v. F.C. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Burnaby, British Columbia |
| RESULT: | IRP overturned. The ASD “fail” readings were caused by client rinsing his mouth with an alcohol-based mouthwash less than 15 minutes before the breath tests. |
| CASE NAME: | R. v. R.P. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Client found sleeping in the driver’s seat of a running vehicle. IRP overturned after adjudicator found client was not in care or control of the vehicle. |
| CASE NAME: | R. v. J.G. |
| CHARGE(S): | 90 Day IRP – ASD “Fail” Readings |
| LOCATION: | Surrey, British Columbia |
| RESULT: | IRP overturned. The “fail” readings were unreliable because client consumed alcohol within 15 minutes of the breath tests. |
