Quote:
Originally Posted by Azure
Aha...smarter then a lawyer...who'd a thunk? 
I don't know how long it takes for alcohol to reach your bloodstream...but the article mentioned that Fowler had liquor on his breath. Having liquor on his breath is a poor reason to do a breath test.
In the end...since Fowler wasn't actually driving...the cops had no right, nor did they have a reason to do a breath test.
And even if Fowler drank so much at his ex-wifes house...how would she, the police officers or the court know if he was over the limit? No proper evidence, no proper case. |
Canlii doesn't have a reported provincial court decision for Fowler and I haven't been able to find it anywhere else. That would have been the level where the argument that you guys brought up with respect to the downing a 26oz-er would have been heard. It's a common argument to make but there are a number of legal presumptions and rules with respect to breathalyzer evidence and evidence to the contrary. Luckily, the law doesn't allow someone to race home, down a case of beer and escape punishment from the law.
Also, note that the officer, B, originally knocked on F's door and had it slammed in his face. He was then sitting in his squad car out front when F came out and asked to chat. B gave F the standard charter warning and caution before discussing anything further. It was at that point the demand for a breath sample was read. The sample was taken later down at the police station.
A witness seeing a particular truck get in an accident, driven by a particular dude no less, plus the evidence of the truck still clinking and still warm is probably a good reason to suspect F was involved in an accident. Again, it's good to know the law has ways to deal with people who drive drunk and attempt to evade arrest. I imagine JofM would be uber-****ed if this kind of thing happened but the drunk driver got off because he managed to beat the cops back to his house