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The prosecution sometimes needs to use a forensic toxicologist to calculate a driver’s blood alcohol content at the time of driving, by using the Intoxilyzer breath-readings at the police station. The toxicologist usually needs the driver’s weight to make this calculation. When a driver calls a lawyer at the police station, the lawyer should generally […]
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The Criminal Code of Canada says that Breathalyzer readings are deemed to be accurate if the first test is taken within two hours of the time of driving. An accused person can undermine this presumption if the machine made an error or was operated improperly by the police. In the recent Ontario drinking and driving […]
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The Criminal Code of Canada says breath-readings are deemed to be accurate if the first test is taken within two hours of the time of driving. An accused person can undermine this presumption by showing the machine was operated improperly. In the recent Ontario drinking and driving case of R. v. Paspaporn, 2015 ONCJ 734, […]
January 2016
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373