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.
Not exact matches
The researchers have developed a small array
of flexible sensors,
which accurately detect compounds in
breath samples that are specific to ovarian cancer.
Called «C.A.T.C.H. the Virus,»
which stands for Characterizing and Tracking College Health, the study traces the trajectory
of viral infections using blood
samples, nasal swabs and
breath samples from ailing freshmen and their closest contacts.
Diagnosing SIBO involves a hydrogen
breath test,
which has the patient ingesting sugar solutions and giving
breath samples over a period
of several hours.
Options include
breath testing, skin pinprick, a stomach gastroscopy, an intestinal biopsy, stool analysis, skin
sample analysis, electrical current testing, muscle testing methods, and more — and there is lots
of controversy in the medical and nutrition community about
which test is best.
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.
In the first case, Justice Craig Parry excluded
breath samples from the driver's trial due to a Charter breach,
which resulted in a charge
of driving with a blood - alcohol content above the legal limit to be dismissed.
By informing the arresting officer that he was refusing to provide
samples of his
breath before the final demand was made he was, to use the words in Prosper, doing something
which suggested he had changed his mind and no longer wished to speak to a lawyer.
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.
The officers administered a
breath sample test
which showed readings
of 195 and 193,
which were double the legal allowable level.
Client received a 90 - day Immediate Roadside Prohibition after providing two
breath samples using Approved Screening Devices, both
of which registered «fail» readings.
Client providing two
breath samples using Approved Screening Devices, both
of which registered «fail» readings.
Client received a 90 - day Immediate Roadside Prohibition after providing two
breath samples using Approved Screening Devices, both
of which registered as «Fail» readings.
Client received a 90 - day Immediate Roadside Prohibition after providing two
breath samples using an Approved Screening Device, both
of which registered as «Fail» readings.
Div 1989), for information concerning the number
of breath samples and consistency between the
samples,
which is required under the law
of New Jersey.
Because
of the concerns about the frequently tragic results
of impaired driving shared throughout Canadian society, Parliament has decreed that failing to provide a
breath sample as demanded either at the roadside and / or for the purposes
of the Intoxilyzer device, is also a criminal offence, to be punished in the same way as blowing a
sample which is «over 80».
A judge has acquitted a man
of failing to provide a
breath sample, rebuking Toronto police officers» «aggressive» and «verbally abusive» conduct following a simple traffic stop,
which included telling the man he needed to exit his car because he had come to a «high drug» area.
[1] Mr. Boyes is charged with three offences, alleged to have been committed in the early morning hours
of September 22, 2012: (i) dangerous driving, contrary to section 249 (1)(a)
of the Criminal Code; (ii) failing to stop when pursued by police officer, contrary to section 249.1 (1)
of the Criminal Code; and (iii) failing to comply with demand for a
breath sample which was made to him under section 254
of the Criminal Code.
A doctor who had treated the accused following a motor vehicle accident told a police officer that the accused's
breath smelled
of alcohol, following
which the police obtained an warrant to seize a blood
sample.
Police officer demanded a
sample of breath into an Approved Screening Device (also known as an «ASD»)
which registered a «fail».
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.
A wet chemical device, on the other hand, measures alcohol in a
breath sample by measuring the amount
of the
sample that reacts with chromate salts,
which will react to alcohol but not to most other substances commonly found in human
breath.
Client gave
samples of breath into an «Approved Screening Device» (or «ASD» or «RSD» or «Roadside Screening Device»
which registered a FAIL.
Div 1989),
which covers the number
of breath samples and consistency between the
samples, all
of which is required by New Jersey law.