Breathalyzer Law in Canada: The Prosecution and Defence of Drinking, Drugs and Driving Offences, 5th Edition (Print & ProView)

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Breathalyzer Law in Canada: The Prosecution and Defence of Drinking, Drugs and Driving Offences offers readers a comprehensive, in-depth, and current look at the state of the law as it pertains to the procedural and substantive elements involving drinking and driving offences.

Charges covered include

  • Impaired driving
  • Driving "over 80"
  • Failing or refusing to comply with demands for a sample of breath or blood
  • The legislative provisions, case law, and the insightful commentary representing all jurisdictions in Canada

Additional features include

  • Checklists focusing on blood demands, blood samples, care or control of a motor vehicle, and the Criminal Code offences as they pertain to other drivers, passengers or pedestrians, the investigating officer, or the qualified breath technician
  • Selected sections of the Criminal Code involving forensic DNA analysis
  • Sample orders regarding approved breath analysis instruments, approved screening devices, and approved blood containers, and certificates of qualified technicians and analysts
  • Sample alcohol influence reports
  • Practice direction on driving prohibitions
  • Legislative provisions involving suspension of licence for each province
  • A Words and Phrases resource consisting of a consolidation of judicial interpretations of terminology commonly used in drinking and driving cases

Important changes include

  • A new sentencing regime to reflect higher penalties and a statutory recognition of aggravating circumstances going to penalty
  • A reframing of "over 80" to cause the offence to be caught with excess alcohol or drugs or both within two hours of ceasing driving, thereby severely limiting the bolus drinking defence or the drinking post-driving defence
  • Turning the presumption relating to alcoholic content into conclusive proof if the self-proving features of an approved instrument work and new statutory disclosure requirements are fulfilled by the Crown
  • Providing for a formula to establish blood alcohol content if the samples are taken beyond two hours after driving
  • Establishing the types of drugs and the amounts in the blood that will result in prosecution
  • Creating a drug screening tool to be used at the roadside
  • Permitting screening for alcohol if the officer has an Approved Screening Device (ASD) in his or her car
  • Allowing an officer to rely on statements given under provincial law to be used to form reasonable grounds
  • Permitting an evaluating officer to testify regarding all observations
  • Legitimizing the evaluating officers conclusion that a described drug was consumed into a presumption if the blood results show the same drug being present
  • Providing the evaluating officer with powers to request breath or blood based on a lower standard of reasonable suspicion
  • Empowering qualified blood technicians to take blood
  • Redefining the intent to fail or refuse to provide a sample as knowing that a demand has been made
  • Revoking all drinking and driving sections and creating a new part to the Criminal Code with brand new numbering and modernizing language

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