Impaired Driving

RSS Feed Homepage

Articles: 1, 2

20 Minutes Not Too Long
2007-09-26 01:10:00
A 20-minute delay from the time that the accused arrived at the police station to when he was turned over to a qualified breathalyzer technician does not violate the statutory requirement that a breath test must be taken "as soon as practicable," if there is evidence that this period of time was "consumed by the usual and reasonable procedures in the arrest and processing of the detainee": R. v. Mckenzie, 2007 ONCJ 247 (CanLII), at para. 8, per Duncan J.
More About: Long , Minutes , Utes

R. v. Rhyason - SCC - Not a reversable error
2007-09-26 01:07:00
http://scc.lexum.umontreal.ca/en/2007/200 7scc39/2007scc39.html Although the Judge stated in his reasons that simple evidence of alcohol consumption alone may be reasonable grounds for a breath demand, the SCC upheld the conviction based on the reasons, which according to the SCC when read as a whole, indicated that this was not the test applied by the Judge. R. v. Rhyason, 2007 SCC 39, at para. 14.
More About: Error

R. v. Rhyason - SCC - Not a reversable error
2007-09-26 01:07:00
http://scc.lexum.umontreal.ca/en/2007/200 7scc39/2007scc39.html A misstatement by a trial judge in his reasons to the effect that evidence of alcohol consumption alone may constitute grounds to make a demand for a breath sample does not constitute a reversible error if the reasons, when read as a whole, show that this was not the test that he applied in concluding that the police had made a lawful breathalyzer demand: R. v. Rhyason, 2007 SCC 39, at para. 14.
More About: Error

AlcoTest Source Code Revealed
2007-09-26 00:57:00
http://www.duiblog.com/2007/09/04/secret- breathalyzer-software-finally-revealed/ "New Jersey attorney Evan M. Levow was finally able to get an order from the Supreme Court of New Jersey forcing the manufacturer of the popular Draeger AlcoTest 7110 to reveal the source code. Levow turned the code over to experts, Base One Technologies, to analyze. Initially, Base One found that, contrary to Draeger's protestations that the code was proprietary, the code consisted mostly of general algorithms: 'That is, the code is not really unique or proprietary.' In other words, the 'trade secrets' claim which manufacturers were hiding behind was completely without merit."
More About: General , Source , Code , Source Code