Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
- Immediate Roadside Prohibition Review Tips
- IRP Review Decision updates and successes
- DUI Decision of the Week: a helpful DUI case precedent
- Kyla’s Insight
1. Immediate Roadside Prohibition Review Tip of the Week
Often, police will send in multiple copies of the same set of disclosure. It’s always very important to look closely at each page to identify any differences. There have been numerous occasions where police officers have altered their evidence after it was sworn. For example, to check boxes that they mistakenly omitted or to redact witness names from narratives. When this happens, you can argue the officer lacks credibility because they amended evidence after it was sworn, which is improper. Just because they submitted it multiple times doesn’t mean each copy is the same.
2. ADP Decision of the Week
Prohibition Revoked: Police responded to a report of a rollover accident where the driver was believed to be impaired. After arriving on scene, the police formed a suspicion the driver had alcohol in his body and gave an approved screening device demand. A test was administered, resulting in a fail reading. The driver was then arrested for impaired operation and transported back to the RCMP detachment. Upon arrival at the detachment, the breath demand was read.
Acumen Law successfully argued that the demand was not valid, given the police failure to read the demand as soon as practicable. A demand must be read prior to departing the scene. Under the law in British Columbia, the demand is what gives the police power to transport somebody to the detachment for the purpose of taking breath samples. By failing to read the demand before leaving the scene, the police invalidated it.
3. DUI Decisions of the Week
A very interesting decision on disclosure out of the Saskatchewan Provincial Court.
Mr. Bone was disclosed body-worn camera footage from one of the investigating officers, but certain aspects of the video were redacted. This included portions of the officer’s police-issued cell phone screen while the officer was navigating the investigative file related to Mr. Bone and the officer’s notebook where the officer was writing in the notebook during the course of the investigation.
The Crown took the position that the material was not disclosable as it was irrelevant. And, in any event, with respect to the notebook, any discrepancies between the notebook notes and the notes as disclosed were speculative at best.
The Court disagreed and found the notebook was required first-party disclosure, as was the screen of the officer’s cell phone showing the police file contents. While not all evidence obtained in the course of the application that was redacted was required to be disclosed, this material was because it could open the door for cross-examination should any discrepancies exist or should the investigative file reveal the existence of other matters that had not yet been disclosed.
4. Kyla’s Insight
Disclosure issues are always important issues to argue at trial, especially when it comes to Impair driving investigations with civilian witnesses. The possibility of officers editing their notes after the fact is not speculative. I have seen this happen numerous times in my cases. And it goes directly to the reliability of that police officer, because notes are meant to be contemporaneous. This is a good decision to have in your back pocket anytime there are disclosure issues or there is redaction or blurring in police video.
5. Resources
Want to know more about impaired driving and Immediate Roadside Prohibitions in BC? Here are some helpful resources:
- The BC Motor Vehicle Act: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
- Criminal Code Offences Relating to Conveyances: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-46.html#h-121277
- CanLII: https://www.canlii.org/
- RoadSafetyBC: https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc
6. Contact Us
The police have their experts. You should have yours.
Charged with impaired driving? Get the lawyer who literally wrote the book on it. Call Kyla Lee at Acumen Law today. Visit our contact form or call 604-685-8889 or email kyla@vancouvercriminallaw.com
7. Featured Firm
Featured Firm: Acumen Law Corporation
Based in Vancouver, Acumen Law Corporation is one of British Columbia’s leading criminal defence firms, recognized across Canada for its work in impaired driving law. The firm’s lawyers have successfully defended thousands of Immediate Roadside Prohibitions, criminal impaired charges, and driving suspensions.
Kyla Lee, a partner at Acumen Law, is widely regarded as a national authority on DUI law. She has authored multiple legal textbooks, teaches DUI defence across North America, and regularly appears in the media explaining developments in driving law.
Acumen Law is known for its deep understanding of both the law and the science behind impaired driving cases. The team approaches every file with meticulous preparation and a commitment to protecting the rights of drivers across BC.
