57% OF DRIVERS CONVICTED OF IMPAIRED DRIVING RE-OFFEND WITHIN 5 YEARS

A recent study commissioned by the federal government revealed that 57% of people convicted of impaired driving re-offend within 5 years. Globe and Mail, Federal Report Casts Doubts on the Effect of Tougher Penalties for Impaired Driving

REMOVAL OF BRA RESULTS IN EXCLUSION

The accused was detained in holding cell before, between and after the breath tests. Pursuant to police policy, the accused's bra was removed before she was placed inside the cell. The court held that both placing her in a police cell during the process and the further removal of the bra was intrusive and heavy handed. The results were excluded. R. v. Bouchard, 2011 ONCJ 610

FAILURE TO CHECK THE TEMPERATURE RESULTS IN EXCLUSION

A charge of refusing a breath demand was dismissed for lack of reasonable grounds. The demand was based on a failed ASD but the officer could not say whether she checked the device's temperature prior to the accused blowing into it. The device was an Alcosensor IV DWF. During cross-examination, the officer admitted that there is a temperature range within which the device will function properly. She also acknowledged that if the device were outside the appropriate range, the sample would not be reliable. Unfortunately, the officer did not make a note about checking the temperature and could not say with any certainty that she had checked it. The court concluded that neither the subjective nor objective belief were met. R. v. Gill, 2011 BCPC 355

The defence called an expert who testified that it is essential that the temperature on the Intoxilyzer 5000-C be within a certain range in order to produce a reliable result. According to the expert, the technician should repeatedly check the temperature. The cell block video revealed that the technician never did. Based on that error and the accused's testimony about his drinking pattern, the court concluded that there was no reliable evidence regarding the accused's BAC. R. v. White, 2011 ONCJ 597

FUTURE VEHICLES COULD BE CAPABLE OF MONITORING BAC LEVELS

In Sweden, the government appears to be moving towards legislation that would require an alcohol interlock device after a DUI conviction, in all public transportation vehicles and eventually in all new vehicles.

The car manufacturers have also been responding. Volvo, a Swedish car manufacturer, currently provides an interlock option on most of its new vehicles. Toyota and Nissan have been experimenting with tissue spectrometry (skin sensors which measure a person's BAC). Toyota is working towards putting this type of sensor in the steering wheel and Nissan has already developed a concept car with the sensor built into the gear shift. Nissan is also working with offset distant spectrometry devices (alcohol sniffers) which are placed in the vicinity of the driver. Researchers in Russia have developed technology which can detect alcohol vapours in a vehicle by shooting laser beams. Alcohol Detection Technologies Present and Future

CITZENS USE SOCIAL MEDIA TO POST LOCATIONS OF SOBRIETY CHECKPOINTS

Recently, the National Post exposed the use of social media in frustrating police efforts to catch impaired drviers. "Don't Help Drunk Drivers Get Away With It" - December 30, 2011 National Post