CRIMINAL LAW - Frequently Asked Questions
If I have provided a sample of my breath and my readings are above the legal limit, is there still a defence for me?
Depending on the circumstances
of your case, there are several defences available. There are defenses
such as Charter violations (rights to counsel, search and seizure,
unreasonable delay) that can be raised. There are technical defenses
such as machine calibration, proper operation of Breathalyser machine,
and wording of the demand. There are also expert defences such as
the Carter defence when a defence toxicologist is used to calculate
a persons Blood Alcohol Concentration (BAC) based on the amount of
drinks that an individual has consumed.
This information is a brief summary for information
purposes only and is applicable only in the Province of Ontario.
It is not intended to be legal advice. Full and complete legal advice
can only be given by a lawyer who has detailed information about
your individual circumstances.
© 2007. Prouse Dash & Crouch, LLP. All Rights Reserved.
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