Sentences with phrase «of the breath tests excluded»
«An accused person can seek to have the results of the breath tests excluded,» Garson adds.
http://www.canadianlawyermag.com/ Not exact matches
The results of the breath tests were therefore excluded.
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.
I find that to admit the statement and the breath tests would bring the administration of justice into disrepute and it will be excluded.
For example, can you get breath samples in an over 80 case excluded under s. 24 (2) or even s. 24 (1) of the Charter because your client was held unreasonably long at the police station after providing the required breath tests.
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.