Sentences with phrase «accused of their breath test»

A Motor Vehicle Department hearing will be scheduled to determine whether 1) police had proper cause to seize the vehicle being operated by the accused, 2) whether police had sufficient probable cause to believe operator of the vehicle was intoxicated and driving while impaired in Hudson Valley 3) whether police properly advising the accused of their breath test refusal rights.

Not exact matches

The seminar will cover recent changes and challenges to DWI law, how to defend those accused of marijuana and opiate DWIs, tips for successful trial (criminal, «implied consent,» and forfeiture), expert challenges to breath testing devices, a view from the Appellate Court, and more.

«We were not arguing that the Crown could not admit evidence of breath tests in court,» he adds, but that where the demand for the breath test was not made on lawful grounds, the Crown would have to revert to traditional methods of presenting evidence: namely, expert evidence given in a courtroom, rather than hearsay evidence of the certificate recording of the accused's breath readings.

«An accused person can seek to have the results of the breath tests excluded,» Garson adds.

The defence used a toxicologist to calculate the accused's blood alcohol level and demonstrate that it was likely under the legal limit at the time of driving even though it was over the legal limit at the time of the taking of the breath tests.

Further given the significant impact on the accused's Charter protection interests and that the ASD and breath testing was without requisite Criminal Code and Charter grounds results in serious breaches of Section 9 and Section 8.

Lastly, in my discussions with the Crown through previous correspondence and during the meeting in chambers with the Judge, I emphasized that I would seek to exclude the breath readings due to the improper administration of the roadside breath test which took place without any inquiry as to the time of the accused's last drink.

In relevant part, the Alcohol Breathalyzer Refusal Form advises the accused that he is required by law to take a breath test and that a refusal to do so constitutes a violation of N.J.S.A. 39:4 - 50.2 and will result in a fine of not less than $ 250.00 and a license suspension of six months.

In January 2013, an Alberta Court of Queen's bench decision on a summary conviction appeal held that maintenance logs for evidentiary breath testing instruments (such as the Intoxilyzer 5000C) must be disclosed by the Crown to an accused person on request: R. v. Kilpatrick, 2013 ABQB 5.

R. v. Manchulenko (M.) 2013 ONCA 543 Civil Rights — Right to counsel — General — Denial of — Evidence taken inadmissible The accused was acquitted on alcohol related driving charges after the trial judge excluded the evidence from the two breath tests (Charter, s. 24 (2)-RRB-, because of a breach of the accused's right to counsel (Charter, s. 10 (b)-RRB-, prior to the first test.