The client was arrested and provided
samples of breath indicating a blood / alcohol content of 170 mg per 100 ml of blood.
Not exact matches
The Police in BC reverted to the previous method
of investigating possible impaired drivers when they have provided a
sample indicating «Fail» at the roadside, including detaining the individual for more accurate
breath tests obtained at a police detachment.
Driver
indicated that she was only 96 pounds and suffers from extreme anxiety at times and upon being issued a demand for
samples and having the officer scream at her she became fearful and suffered a panic attack and shortness
of breath.
She
indicated in her Affidavit that she «earnestly attempted to provide a
breath sample on each
of the 8 attempts».
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.
Ridge, [1997] O.J. No. 1804 (Prov Div): 2 Defence counsel argues that Constable Archambault proffered false or misleading advice to the accused,
indicating that a fail on the roadside would be the same as a refusal to provide a
sample, and, further, that this false advice was in the nature
of legal advice given in a situation where Mr. Ridge did not have the right to counsel and which misled Mr. Ridge into refusing to provide a
breath sample.
«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.
Breath samples indicate 160 mg per 100 ml
of blood.
Breath samples indicated a blood - alcohol content
of 170 mg in 100 ml.
Breath samples obtained
indicating a blood alcohol content
of 150 mg in 100 ml.