Quote:
Originally Posted by Iowa_Flames_Fan
Sounds like we agree--sorry for the confusion.
In my experience, people are generally charged with both "Impaired" and "Over .08"--and the Crown only has to make out one of the two charges. Usually, the Over .08 is easier for them, unless there's a Charter issue that winds up excluding some of the evidence--which since R v Grant is harder.
|
Yeah I've only seen a single impaired charge < 6 times based on a variety of things. Obviously charter issues (and the grey area around them) is the hot topic for any defense lawyer and a large reason why case law is so extensive with impaired chargers.
0.08 is definitely easier (or the refusal is easiest) since most breathalyzers are ridiculously calibrated and its a lot more objective compared to the original (possibly subjective) impaired charge.