Sentences with phrase «sample of one's breath»

You will be asked to drink a sugar solution and then to provide samples of your breath at various intervals.

Client subsequently gave samples of breath that were well in excess of the legal limit.

At the police station, he will be asked to give two samples of breath which can be used as evidence against him.

The client was arrested and provided samples of breath indicating a blood / alcohol content of 170 mg per 100 ml of blood.

He provided law enforcement with two samples of his breath for alcohol testing and came up with blood - alcohol content of 0.21, officials said.

In this case, the appellant had failed a roadside screening device test after being stopped by police; he provided samples of his breath at the police station, which registered readings significantly over the legal limit, and was charged with driving «over 80,» contrary to s. 253 of the Criminal Code.

In accordance with N.J.S.A. 39:4 - 50.2, a driver is «deemed to have given his consent to the taking of samples of his breath... to determine the content of alcohol in his blood» when there exists «reasonable grounds to believe that such person has been operating a motor vehicle» while under the influence of an intoxicating liquor or narcotic.

Police investigation led to Client's arrest and detention for taking samples of breath.

In many cases the police will obtain samples of breath from a driver either at the police station with the use of a breathalyzer instrument / machine or else at the roadside with the use of an «approved screening device».

9 The accused was turned over to Constable S. a qualified breathalyzer technician and provided two samples of his breath directly into an approved instrument at 3:13 a.m. and 3:34 a.m. respectively, both of which exceeded 80 milligrams of alcohol per 100 millilitres of blood.

Unless there is a reasonable excuse, Canadians are legally obligated to provide samples of their breath when given a valid demand to provide a suitable sample.

A person will be required to provide at least two samples of breath by blowing into the mouthpiece of a breathalyser machine.

After Mr. Jackson fails, he is arrested and the officer demands he provide additional samples of his breath into the Intoxilyzer 8000C at the station.

For instance in the Irish case of the Director of Public Prosecutions v Maresa Cagney [2013] 3 JIC 1101 where the Director of Public Prosecutions relied on the case of DPP v. Patricia Behan [2003] JIC 0304, in support of the proposition that failing to provide samples of her breath under section 13 of the Road Traffic Act 1994 Act was a strict liability offence with a limited defence.

In discussions with Crown counsel, Vancouver Criminal Lawyer Emmet J. Duncan persuaded the Crown that there was a substantial weakness in the Crown case, mainly due to the fact that it appeared that when the Police officer demanded the ORIGINAL sample of breath (into the ASD), he lacked a sufficient basis to do so.

While there, the Client supplied two more samples of breath into the BAC Datamaster C instrument, each registering 120, which is 40 miligrams OVER the legal limit.

Police officer subsequently demanded that Client provide samples of breath back at the detachment and Client REFUSED to do so.

Second, did the trial judge err in the manner in which he assessed the necessary elements of the offence of failing to comply with a demand to provide a suitable sample of breath into an approved road - side screening device?

Client gave samples of breath into an «Approved Screening Device» (or «ASD» or «RSD» or «Roadside Screening Device» which registered a FAIL.

In cases where you have provided samples of breath at the police station the breathalyzer instrument automatically prints out tickets which are important to your case;

After police detected an odour of liquor on Client's breath, Client required to provide samples of breath into an Approved Screening Device (also known as an «ASD»).

The police must follow certain rules when arresting a person and taking samples of breath or blood.

Russell then informed police that he did not want to provide samples of his breath.

The police in Canada have the authority to demand that a person provide a sample of breath into an Approved Screening Device (Roadside tester) when a police officer:

He demonstrated to the accused how to provide a breath sample into the approved screening device, which the officer had in his cruiser, and at 2:20 a.m. the accused provided a sample of his breath which registered a fail, signifying to the officer that the accused's blood alcohol concentration was in excess of 100 milligrams of alcohol per 100 millilitres of blood, due to what he believed to be the calibration of the approved screening device.

First, the evidence must establish that an officer made a lawful demand on you to provide a sample of your breath.

Background: The petitioners were motorists who had received 90 - day roadside driving prohibitions -LRB-» IRP») under provisions in the Motor Vehicle Act («MVA») establishing an automatic roadside prohibition regime («ARP») after they had either refused to supply a sample of breath, or having... [more]

Without evidence that Mr. Soules had failed the screening device, the officer would not have had grounds to require him to give samples of his breath.

Sometimes, and usually in cases where there is an accident, samples of breath can not easily be taken (as the client is being treated at the hospital for injuries).

Up to the point in time when Mr. Russell indicated he would not provide the sample of his breath, it is fair to say that he had been duly diligent in pursuing his right to instruct counsel.

The police may demand that a driver provide a sample of their breath into an Approved Screening Device (ASD).

(b) in respect of a 90 - day driving prohibition resulting from a sample of breath for analysis by means of an approved screening device and the approved screening device registering a fail,

«I am not satisfied that you failed or refused to comply with a demand made under the Criminal Code to provide a sample of breath for analysis by means of an ASD.

«I note that the charge indicated on the Notice was for failing to comply with a demand to provide a sample of breath for analysis by an ASD.

Sometimes, for instance at a roadblock the police request a driver to provide a sample of breath into a handheld device commonly referred to as a «roadside screening device».

The principal focus of this trial was the question of whether or not Constable Uppal made a lawful demand to Mr. John to provide a sample of his breath.

A breath demand was issued and client provided a sample of breath that registered as a «fail.»

If a driver is stopped by police who suspect him of being under the influence of alcohol, they will ask him to provide a «screening» sample of breath.

A breath demand was issued and client provided a sample of breath that registered as a Fail.