REVscene - Vancouver Automotive Forum

Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.

Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

Thread Tools
Old 11-03-2012, 01:41 PM   #1
Proud to be called a RS Regular!
Join Date: Aug 2007
Location: Vancouver
Posts: 101
Thanked 2 Times in 1 Post
Applying for IRP Review

Hey everyone,

Recently, I was stopped at a roadblock and asked to take a breath test. I had been drinking maybe 4 hours earlier. I felt fine, I walked fine, the officer questioning me believed that I was sober but he needed to confirm.

I ended up blowing a warn. The officer asked me to go back to my car, came back 5 minutes later and told me I had the right to second test, which I did and blew a warn again.

This was my second offense in a 5 year period ( first time I blew a warn when I slept in my car .. at that point I didn't know that sleeping in the car was considered in control of the vehicle), so I was issued a 7 day driving prohibition and my car was impounded for 7 days as well.

I was wondering if anyone has any experience with submitting an IRP review, or if anyone could give me any insight. The only issue I had with the breath test was that less than 5 minutes before receiving the breath test, I had gone to 7-11 and ate two hot dogs and had something to drink, and undoubtedly, I had burped multiple times, between both tests as well. At this point, I did not know that burping could have an affect on the ASD readings, so I did not mention this to the officer. The officer administered the first breath test immediately, then left me alone inside my car, and administered the second test a short while later

I was planning to apply for a review under the:

The result of the ASD test was not reliable.
The ASD registered a WARN but your blood alcohol content was less than 0.05

Any insight greatly appreciated.
MildSe7en is offline  
Reply With Quote
Old 11-03-2012, 10:45 PM   #2
RS Peace Officer
zulutango's Avatar
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,829
Thanked 1,595 Times in 670 Posts
You blew a warn and then did the same a second time. Unless you burped immediately before both tests and that left you with residual alcohol in your mouth as the test began, I can't see how the readings were both wrong. I'm sure you were under observation before the tests were administered and part of that observation period consists in monitoring you for burping immediately before testing.If you did during the pre-test observations you would not have been immediately given the tests. You would need to have compelling evidence that both tests were incorrect to convince the review board that they were both wrong. If you want legal advice on technical legalities then consult a lawyer. Only then, with all true facts available, can you make an informed decision.
zulutango is offline  
Reply With Quote
Old 11-04-2012, 11:03 PM   #3
Rs has made me the woman i am today!
RiceIntegraRS's Avatar
Join Date: Apr 2003
Location: Vancouver
Posts: 4,212
Thanked 598 Times in 240 Posts
Burping could affect the reading, but u dont have a leg to stand on if ur hoping that will win u the case. The only thing u can possibly fight is if the breathalzyer wasnt calibrated within the proper amount of time or the breathalzyer calibration was dated improperly.

The New Drunk driving laws were introduced 2 years ago basically i believe. So if u had a warning in the past b4 that, it doesnt count against u and this should be ur first warn.
RiceIntegraRS is offline  
Reply With Quote

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

All times are GMT -8. The time now is 03:52 PM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc. cannot be held accountable for the actions of its members nor does the opinions of the members represent that of