Sentences with phrase «evidence of the breath test»

«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.

Not exact matches

Evidence shows that the most effective policies to reduce alcohol harms, including harms to others, are: - Raising the price of the cheapest alcohol, through taxation and minimum unit pricing - Regulating the density of outlets that can serve alcohol and restricting the permitted hours of sale - drink driving laws, including a lower legal blood alcohol limit and random roadside breath tests - Screening and brief advice for people who are at risk of drinking to a level that is harmful to themselves and others However, the most effective approach is a comprehensive, multi-sectorial set of measures that work together to reduce levels of harmful drinking.

An occasional person will actually require a ketogenic state to achieve weight loss, i.e., complete elimination of carbohydrates in order to metabolize fats, evidenced by the fruity breath odor of ketones or urine dipstick testing positive with Ketostix.

We typically use an exhaustive approach in defending these types of charges, including exploring the legality of the traffic stop, finding possible weaknesses in the validity of the breath tests, finding evidence to the contrary utilizing expert testimony of a toxicologist and performing a vigorous cross-examination of the arresting officer (s).

If the officer sees these signs, and also has a reading for a breath test, he or she will use these factors as evidence that you are driving drunk or under the influence of drugs.

Thus, despite the minimal intrusiveness of the breath testing procedures themselves, the second branch of Grant also weighs in favour of exclusion of the evidence.»

No judge should allow such certificates into evidence on the prosecutor's motion before allowing defense voir dire / cross examination questioning of the operator of the Intox EC / IR II machine that was used on the defendant to test his breath alcohol content.

Perhaps a piece of objective evidence speaks louder: Ramsay was among those bestowed with the «Attorney of the Year» honor in 2011 for his work on the Source Code Defense Litigation Team, which helped coordinate a massive attack on the government's proof regarding breath tests in thousands of DWI and implied consent cases across the state.

(We use the term «science» loosely, as there is very little scientific evidence establishing the accuracy of the breath test machine or the field sobriety tests that are used in Texas.)

If the driver is taken back to the detachment, it may be cleared up by a Proper Breath Test (PTB), which is taken on an instrument approved for the purpose of collecting evidence.

If there were problems with field sobriety testing, or with the breath, urine or blood test used to measure your blood alcohol concentration (BAC), there is a better chance of having evidence suppressed and your case dismissed or charges reduced.

Successfully challenging the results of a breath or blood test means that the prosecutor will be unable to rely on that evidence to help gain a conviction.

However, an experienced Massachusetts lawyer will say it's still better to refuse a breath test, since, under MA law, the evidence of the refusal can not be used against you in court.

The breath tests can only be refuted by evidence that satifies all of the following conditions:

If you fail to get representation from an experienced lawyer, you may end up fighting a lengthy battle, defending yourself against evidence that could have been thrown out, including possession of guns, drugs, items that were potentially stolen and even breath tests (commonly known as Breathalyzer tests).

«I find no conclusive evidence to rely on with regard to the time of your breath test result.

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 firEvidence 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 firevidence 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.