HAHA. The po are out of control on this one.
Monday, May 18, 2009
Tuesday, May 12, 2009
A new defense? " I am too cheap"
I guess if you are charged with impaired maybe claim you are too cheap to get drunk. I think this guy is maybe a cheap drunk. No pun intended.
Whitehorse man wins breathalyzer challenge, claiming too 'cheap' to be impaired
Last Updated: Tuesday, January 8, 2008 12:29 PM CT
CBC News
A Whitehorse man has won a court challenge of his breathalyzer test, after telling a judge he is too "cheap" to buy enough drinks to be impaired.
In a written decision, territorial court Judge Cunliffe Barnett dismissed impaired driving charges against Thomas Wood, who argued that he could not have consumed enough beer on March 30, 2007, to have had a blood alcohol level above the legal limit of 0.08.
On March 30, Wood admitted to consuming some alcohol that night, failed the police's roadside breathalyzer test and was arrested. Further tests showed readings of 0.13.
Wood testified at his trial in December that he drank a pint and a glass of draft beer over the course of 2½ hours while talking with his employer at a hotel bar after work that evening.
As an aircraft mechanic, he does not drink on the job, he told the court, adding that he also doesn't drink much after work.
"Mr. Wood says that he is 'quite cheap,' and that for that and other reasons, it is his custom to restrict his drinking, as he says he did that evening," Barnett wrote in his decision.
A blood-alcohol expert from Vancouver backed Wood's argument, testifying that he needed to drink nearly four bottles of beer in order for him to have a high enough blood alcohol level to fail the breathalyzer test.
Barnett cited past Supreme Court of Canada rulings in deciding not to dismiss Wood's account of what happened simply because he failed the breath test.
"When I consider all the remaining relevant evidence and testimony, I cannot say that I am convinced by Mr. Wood's testimony; far from it, but Mr. Wood does not bear the burden of proving his innocence. He is required only to raise a reasonable doubt, and I find that he has done that."
At the same time, the judge invited the Crown lawyers to appeal the decision if they disagreed with it.
Whitehorse man wins breathalyzer challenge, claiming too 'cheap' to be impaired
Last Updated: Tuesday, January 8, 2008 12:29 PM CT
CBC News
A Whitehorse man has won a court challenge of his breathalyzer test, after telling a judge he is too "cheap" to buy enough drinks to be impaired.
In a written decision, territorial court Judge Cunliffe Barnett dismissed impaired driving charges against Thomas Wood, who argued that he could not have consumed enough beer on March 30, 2007, to have had a blood alcohol level above the legal limit of 0.08.
On March 30, Wood admitted to consuming some alcohol that night, failed the police's roadside breathalyzer test and was arrested. Further tests showed readings of 0.13.
Wood testified at his trial in December that he drank a pint and a glass of draft beer over the course of 2½ hours while talking with his employer at a hotel bar after work that evening.
As an aircraft mechanic, he does not drink on the job, he told the court, adding that he also doesn't drink much after work.
"Mr. Wood says that he is 'quite cheap,' and that for that and other reasons, it is his custom to restrict his drinking, as he says he did that evening," Barnett wrote in his decision.
A blood-alcohol expert from Vancouver backed Wood's argument, testifying that he needed to drink nearly four bottles of beer in order for him to have a high enough blood alcohol level to fail the breathalyzer test.
Barnett cited past Supreme Court of Canada rulings in deciding not to dismiss Wood's account of what happened simply because he failed the breath test.
"When I consider all the remaining relevant evidence and testimony, I cannot say that I am convinced by Mr. Wood's testimony; far from it, but Mr. Wood does not bear the burden of proving his innocence. He is required only to raise a reasonable doubt, and I find that he has done that."
At the same time, the judge invited the Crown lawyers to appeal the decision if they disagreed with it.
Pocket Breathalyzers unreliable
Here is an article I picked out from the MADD Canada website that i thought was interesting:
http://www.madd.ca/english/news/pr/p05nov28.htm
MADD Canada Releases
November 28, 2005
Pocket breathalyzers - inaccurate, unreliable - and dangerous
MADD Canada does not endorse, nor condone use of personal breathalyzer devices
A new pocket breathalyzer called the 'Alcohol Tester' is inaccurate and unreliable and its use is not endorsed by Mothers Against Drunk Driving - says MADD Canada's Chief Executive Officer Andrew Murie.
"Using the pocket breathalyzer is like playing Russian-roulette with your life and the lives of other motorists," says Mr. Murie. "These personal breathalyzers can be inaccurate in their readings and, therefore, are not at all a reliable read of a person's intoxication level."
"More importantly, they encourage the risky behaviour of drinking up to a certain limit. People shouldn't be driving at all if they need to test themselves. A person should not drive after drinking alcohol -- period."
"This product is a tragedy-waiting-to-happen," adds Mr. Murie. "It's dangerous."
The Alcohol Tester is currently being featured at check-outs in Bay and Zellers stores across Canada. Mr. Murie does not understand stores that promote an item related to drinking and driving. "No responsible retailer would feature this product. At a time of the year when there is a great deal of social drinking, this is sending the wrong message about drinking and driving. Retailers should be promoting safe alternatives that don't involve that dangerous game of drinking up to the limit.''
"Police and many groups increase their efforts at this time of the year to convey to the public to separate drinking and driving activities. People need to be taking public transit, taxis or planning for rides when partying through the holiday season." Mr. Murie urges, "Save the dollars spent on these unreliable breathalyzers and take a cab."
The Alcohol Tester says clearly on the back of the package that 100 per cent accuracy is not guaranteed, nor does the product provide the same results as the breathalyzers used by police.
MADD Canada warns people who might think pocket breathalyzers are a thoughtful gift for a loved one to think again. ``If it shows a false reading and gives that person the idea they are OK to drive and they are caught, they have no protection. They are breaking the law.''
"At our current legal limits, most people wouldn't even think twice about their inability to drive. However, the pocket breathalyzers give people a different message. And, because their readings are inaccurate and unreliable, it is a very dangerous message," says Mr. Murie.
MADD Canada does not condone the use of the pocket breathalyzer. Despite what the promotions claim, MADD Canada in no way endorses these products.
http://www.madd.ca/english/news/pr/p05nov28.htm
MADD Canada Releases
November 28, 2005
Pocket breathalyzers - inaccurate, unreliable - and dangerous
MADD Canada does not endorse, nor condone use of personal breathalyzer devices
A new pocket breathalyzer called the 'Alcohol Tester' is inaccurate and unreliable and its use is not endorsed by Mothers Against Drunk Driving - says MADD Canada's Chief Executive Officer Andrew Murie.
"Using the pocket breathalyzer is like playing Russian-roulette with your life and the lives of other motorists," says Mr. Murie. "These personal breathalyzers can be inaccurate in their readings and, therefore, are not at all a reliable read of a person's intoxication level."
"More importantly, they encourage the risky behaviour of drinking up to a certain limit. People shouldn't be driving at all if they need to test themselves. A person should not drive after drinking alcohol -- period."
"This product is a tragedy-waiting-to-happen," adds Mr. Murie. "It's dangerous."
The Alcohol Tester is currently being featured at check-outs in Bay and Zellers stores across Canada. Mr. Murie does not understand stores that promote an item related to drinking and driving. "No responsible retailer would feature this product. At a time of the year when there is a great deal of social drinking, this is sending the wrong message about drinking and driving. Retailers should be promoting safe alternatives that don't involve that dangerous game of drinking up to the limit.''
"Police and many groups increase their efforts at this time of the year to convey to the public to separate drinking and driving activities. People need to be taking public transit, taxis or planning for rides when partying through the holiday season." Mr. Murie urges, "Save the dollars spent on these unreliable breathalyzers and take a cab."
The Alcohol Tester says clearly on the back of the package that 100 per cent accuracy is not guaranteed, nor does the product provide the same results as the breathalyzers used by police.
MADD Canada warns people who might think pocket breathalyzers are a thoughtful gift for a loved one to think again. ``If it shows a false reading and gives that person the idea they are OK to drive and they are caught, they have no protection. They are breaking the law.''
"At our current legal limits, most people wouldn't even think twice about their inability to drive. However, the pocket breathalyzers give people a different message. And, because their readings are inaccurate and unreliable, it is a very dangerous message," says Mr. Murie.
MADD Canada does not condone the use of the pocket breathalyzer. Despite what the promotions claim, MADD Canada in no way endorses these products.
Sunday, May 10, 2009
Saturday, May 9, 2009
Ontario refusing breathalyzer
If you are in Ontario please note that it is a very serious offense to refuse a breathalyzer.
I took this from the following website: http://www.ontariotraffictickets.com/impaired-driving/refuse-breath-test.htm
It is a criminal charge under the criminal code of Canada. The penalty for refusing a breathalyzer is the same as impaired driving. Please take this information carefully.
I took this from the following website: http://www.ontariotraffictickets.com/impaired-driving/refuse-breath-test.htm
It is a criminal charge under the criminal code of Canada. The penalty for refusing a breathalyzer is the same as impaired driving. Please take this information carefully.
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