Quote:
Originally Posted by jar_e
Roadsides can be used as evidence as previously discussed. Also, the intoxilyzer 400 D is the older roadside screening device:
The actual machine you "blow" into at an office would be Intoxilyzer 5000 Breathalyzer pictured below:
Both are admissible in court. |
Well, that's all very interesting, but two points:
1. The fact that Roadside Screening Devices are contemplated in the regs to the Criminal Code does not mean their readings are "admissible as evidence." You'd need case law for that. All the section you quoted tells you is that when they administer the Roadside test for the purposes of later giving the breath demand, they must use one of those devices.
2. Even if the RSD was "admissible" (and--are you
sure you don't mean that a police officer's
testimony with respect to the reading on the RSD is admissible? That's quite different.) what would it prove? That you blew a "fail"? That would be insufficient to make out the charge, so there would be no point in the Crown leading it.
The other stuff is interesting--I'm not an expert in this area by any means--"over .08" is like the income tax act; it's not for dabblers.