Posts Tagged ‘impaired driving’

Put down that gun, I mean knife . . . I mean, TAKE OFF THAT BRA!

Sunday, March 13th, 2011

I used to believe that I had little to fear from woman’s lingerie. I just learned (indirectly from the York Regional police) that I’m mistaken. I’m glad I learned this information before I met a horrific fate.

Police constable Jennifer Martin, who was testifying in an impaired driving case, stated that she asked the suspect (Sang Eun Lee – pictured on the left) to remove her underwire bra over concerns that it could be used as a weapon.

Really?

It started with a pat down search of Lee, following her arrest. The search revealed an underwire bra (that must have been quite a surprise to Martin . Imagine, a woman wearing an underwire bra!).

Lee was asked to remove the bra, which she did after removing her coat and sweater and exposing her breasts. Martin turned the bra over to her supervisor, and it was returned to Lee later.

According to Martin’s un-named supervisor, it is standard practice to have female officers require all accused woman to remove their underwire bras. Why? Martin gave two reasons:

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Finally, drunk driver’s are safer in British Columbia.

Friday, October 22nd, 2010

Ethan Baron, a Vancouver Province writer, wrote an article titled:

Finally, everyone’s safer – except drunk drivers

That’s the way the new, “toughest drunk driving laws in Canada” has been pitched to us. They’re tough on drunk drivers. That’ll make our roads safer.

Who could argue with safer roads? Not me.

But do these new laws really protect us from drunk drivers, r is it just the opposite?

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Impaired driving charges dropped because police destroyed crucial evidence.

Thursday, September 2nd, 2010

A Regina Saskatchewan judge ordered a stay of proceedings against a man who was facing impaired driving charges.

Why?

Because the RCMP destroyed evidence, and that deprived the accused of the opportunity to make full answer and defence to the charges.

I spoke with Regina impaired driving lawyer Chris Macleod, who was the lawyer for the defendant, Mr. Banford. Here’s what Chris had to say:

“In the Banford I’d made a timely request for full disclosure including video recordings of my client. The disclosure package I received did not include a copy of the video recording taken of my client at the RCMP detachment. This evidence is often crucial to determine what signs of impairment, if any, an accused displayed while under arrest, whether the breath test was properly conducted and whether the accused was accorded their rights under the Carter of Rights and Freedoms. I made additional requests for full disclosure, but the video evidence was never provided. I discovered that it had been destroyed, not by mistake or error, but by the RCMP recording system, which systematically destroys digital recordings after a period of 60 days. I argued that this denied my client the opportunity to make full answer and defence to the charges he was facing. The court agreed, and ordered that the charges could not proceed against my client (the charges were “stayed”).” (more…)

Impaired driving charges against Calgary Cop thrown out.

Saturday, April 24th, 2010

Many people believe that impaired driving cases are open and shut. Nothing could be further from the truth.

Take the case of Travis Dunkle, a 42-year-old 17 year veteran detective with the Calgary Police Service.

In January 2009, Dunkle was stopped in a “check stop” by a fellow officer. If you don’t know, a check stop is essentially a randomly placed police roadblock designed to detect impaired drivers. In most cases there is no evidence of “impaired driving” (e.g. bad driving caused by impairment) since the person simply pulls into the check stop and talks to a police officer. So in Dunkle’s case, there was likely no evidence of impaired driving. So why was he charged? (more…)

When an MLA (Thornthwaite) gets charged with D.U.I., what should she do?

Wednesday, February 24th, 2010

What, if anything, does it say about DUI laws when a lawmaker is charged with it? And what should that lawmaker do if she finds herself in that position? While the World focuses on the last few days of the Olympics, one Vancouver politician will have to focus on how she will deal with being charged with impaired driving, and MADD’s calls for her resignation.

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Drunk Driving? Talk to a lawyer!

Tuesday, February 23rd, 2010

In Canada it’s not against the law to drink and drive. It’s against the law to drink to much alcohol and drive. But how much is too much? You don’t have to be drunk to be convicted, and you can’t be convicted for simply drinking and driving. So what’s the story?

Drunk driving, D.U.I. (driving under the influence), and D.W.I. (driving while intoxicated) are all terms used to describe drinking and driving offenses. In Canada, the legally correct term is “impaired driving”. If you’ve been charged with impaired driving you need to get good, accurate information so that you can make an informed decision about what to do next. (more…)