Who killed Katherine Lynch if Floyd Brown didn’t?

February 8th, 2011

“Mentally challenged man freed 14 years after false confession.”

The title of the CNN article immediately caught my attention.

Floyd Brown had been confined to a North Carolina mental institution for 14 years.

The allegation: that he murdered 80-year old Katherine Lynch.
Read the rest of this entry »

Calgary criminal defence lawyer: Meet Greg Dunn

February 3rd, 2011

Calgary criminal defence lawyer, Greg Dunn, can help you if you’ve been charged with any crime. Whether you are charged with theft, assault, or a drug charge like possession or trafficking, you need to speak to a criminal defence lawyer and you need to do that now.

Mr. Dunn has been practicing criminal law for the past twelve years, and runs his own firm where he is managing partner. He knows what it takes to run a reputable and highly successful criminal defence firm: leadership, hard work, and a deep understanding of how the law works.

Learn more about Mr. Dunn and find out how to contact him by clicking here.

Should Drunk Driving be decriminalized in BC?

January 19th, 2011

What a difference a little bit of time can make.

On October 6, 2010, Ethan Baron wrote an article entitled:

Finally, everyone’s safer–except drunk drivers”

On December 5, 2010, he wrote an article entitled

“They’ve decriminalized impaired driving”

Most people would think that the roads would be safer from drunk drivers if those drunk drivers faced criminal prosecutions.

Why would Mr. Baron write an article stating that they’ve (the government) have decriminalized impaired driving?

And if that’s true, does it make our roads safer if impaired driving is decriminalized?

Read the rest of this entry »

Breathalyzers might give false readings

November 22nd, 2010

Roadside breathalyzer machines used in British Columbia are being recalled after lab tests suggested they might be giving false readings, according to an article in the Calgary Herald.

The article states that Victoria Police Chief Jamie Graham, chair of the B.C. Association of Chiefs of Police Traffic Safety Committee, said that recent RCMP lab tests found a small “margin of error” in the current devices.

A “margin of error”? But we’ve all been led to believe that breathalyzers are perfect??? Not so.

We’ll never know how many people have had their vehicles impounded, had their drivers licences suspended, and had to pay fees to ICBC to get their drivers licences back when they hadn’t committed an offence. They just happened to be people who got caught in this “margin of error”.

Whoops.

That’s why we’ve said all along that breath results aren’t perfect. The machines aren’t perfect, and neither are the people who operate them.

So let’s say it like it is.

B.C.’s new tough drunk driving laws have been effective at taking drivers off the road . . . some who probably didn’t do anything wrong at all.

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

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?

Read the rest of this entry »

New “drunk driving laws” target the wrong people – according to a cop!

October 21st, 2010

When the cops think a law is bad, we know there is a problem.

I’d just come out of a downtown Vancouver office when I saw headline in the Vancouver Province:

WE’VE NOW BECOME THE JUDGE AND JURY

with the sub text:

Police union head says officer now spend time dealing with driviers who’ve had a few drinks rather than problem drunks who cause carnage on the road

Wow! What could cause Tom Stamatkis (the police union head mentioned in the article) to say such a thing? I had to forgo Tim Horton’s and plug the remaining $1.25 in my pocket into the vending box to find out.

Here is what’s causing the uproar, as published in The Province: Read the rest of this entry »

Should impaired driving lawyers be ashamed of themselves?

October 10th, 2010

Every so often we receive an e-mail from someone who is . . . let’s say disgruntled with what we do.

Here’s one from a reader (John) who believes that we (our business) should lose our licence (I’m not certain which licence), and that impaired driving lawyers should be ashamed of themselves.

I’ve reprinted John’s e-mail below, and below that is my response to him.

Read the rest of this entry »

Impaired driving charges dropped because police destroyed crucial evidence.

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”).” Read the rest of this entry »

Is Canada soft on crime?

August 27th, 2010
I love living in Canada. I was born here, raised here. Perhaps because of that, there are a lot of great things about Canada that I take for granted. Things like our criminal justice system.
I’ve heard people say that Canada needs to get tougher on crime. They say that our laws are soft on criminals. That  it’s too easy for a good criminal defence lawyers to “get his client off.” There are too many loopholes. In other words, that the Canadian criminal justice system is flawed.
Don’t get me wrong. I don’t think the system is perfect. Then again, I don’t know of any perfect system. There are things that I’d like to change. But for the most part, I believe we have a great criminal justice system.
What makes it great? Read the rest of this entry »

Impaired driving charges against Calgary Cop thrown out.

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? Read the rest of this entry »