***I MOVED this quote...as it does not fall under street racing***** The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science). The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much alcohol is in a person blood. At roadside if you blow into the ASD and you register between 0-49mgs of alcohol in 100ml of blood the actual number will be displayed. From 50mgs to 99mgs an "A" or warning, 100mgs or above is a "F" or Fail. If you register the 0-49mgs you will be sent on your way. If you register the "A" that is a 12hr suspension (3 day is not yet in effect) If you register the "F" the driver is arrested. When in fact the currrent 12hr is very weak, the reason I say that is NOTHING goes on the driving record. An someone that even gets a 1km over speeding ticket goes on their record.......to compare, someone drinking and driving would get no record.....just doesn't make sense. With the 3 day suspension for the first time will go on the driving record, 2nd time I think is 7 day suspension. In general each drink = 15mgs of alcohol in 100ml of blood. 4 drinks your body = 60mgs. Your body eliminates 15mgs per hr as well. So 4 drinks in 1hr = (15x4 = 60mgs minus 15mgs for 1hr = 45mgs)
***I MOVED this quote...as it does not fall under street racing*****
Reflections wrote:
If the breatealyzer reads a warning you now get a 3 day suspension instead of 12 hour. I can understand the 12 hour but 3 days when no law was broken....seems heavyhanded. I'm all for safety but this is overboard.
I could understand 3 days if there is a breatealyzer [sp.] available for the public to try. Say have a beer and take a reading, have a second take a reading and so on. We the public have no access to know what 50mg/100ml feels like, I do know what copious amounts feels like . I like to enjoy myself and have a pint or two now and then, but I don't see the need to disrupt someones life for three days when technically they have done nothing wrong.
The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science).
The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much alcohol is in a person blood.
At roadside if you blow into the ASD and you register between 0-49mgs of alcohol in 100ml of blood the actual number will be displayed. From 50mgs to 99mgs an "A" or warning, 100mgs or above is a "F" or Fail.
If you register the 0-49mgs you will be sent on your way.
If you register the "A" that is a 12hr suspension (3 day is not yet in effect)
If you register the "F" the driver is arrested.
When in fact the currrent 12hr is very weak, the reason I say that is NOTHING goes on the driving record. An someone that even gets a 1km over speeding ticket goes on their record.......to compare, someone drinking and driving would get no record.....just doesn't make sense.
With the 3 day suspension for the first time will go on the driving record, 2nd time I think is 7 day suspension.
In general each drink = 15mgs of alcohol in 100ml of blood. 4 drinks your body = 60mgs. Your body eliminates 15mgs per hr as well. So 4 drinks in 1hr = (15x4 = 60mgs minus 15mgs for 1hr = 45mgs)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
that would be 30mgs......then of course you have some elapsed time I'm sure in that consumption....ie 10-20min at least from end of first drink to end of 2nd, which also starts the elimination process as well
that would be 30mgs......then of course you have some elapsed time I'm sure in that consumption....ie 10-20min at least from end of first drink to end of 2nd, which also starts the elimination process as well
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I am still a bit confused....so you are saying that if in 1 hr some one drinks 3 standard beers, he would still be ok to drive with the 45mg/100ml of blood alcohol level? Because I heard something about G license drivers can have up to max 1 standard drink in their system, and anything over that is against the law. Can you possibly explain a little bit more about how this works? Thanks
hwybear wrote:
that would be 30mgs......then of course you have some elapsed time I'm sure in that consumption....ie 10-20min at least from end of first drink to end of 2nd, which also starts the elimination process as well
I am still a bit confused....so you are saying that if in 1 hr some one drinks 3 standard beers, he would still be ok to drive with the 45mg/100ml of blood alcohol level?
Because I heard something about G license drivers can have up to max 1 standard drink in their system, and anything over that is against the law.
Can you possibly explain a little bit more about how this works?
Is there any way to test ourselves for future reference? ex. I would like to pound down 4 beers in one hour then blow. Is any police service willing to assist me? We know when we're speeding... we can see the speedometer. But I (and most folks, I suspect) have no idea when they're JUST over the limit with alcohol.
Is there any way to test ourselves for future reference?
ex. I would like to pound down 4 beers in one hour then blow. Is any police service willing to assist me?
We know when we're speeding... we can see the speedometer. But I (and most folks, I suspect) have no idea when they're JUST over the limit with alcohol.
Here is a good reference guide, called a "Drink Wheel", you enter the required information and it will give you a result. http://www.intox.com/wheel/drinkwheel.asp **admin** there is a link on the above site to show you how to add the "drink wheel" to a website, if you think it is appropriate for this site, for your consideration.
Here is a good reference guide, called a "Drink Wheel", you enter the required information and it will give you a result.
**admin** there is a link on the above site to show you how to add the "drink wheel" to a website, if you think it is appropriate for this site, for your consideration.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Class G1 and G2 can not have any alcohol reading at all...zero! Class G, is allowed up to 49mgs of alcohol in 100ml of blood and can still drive. An average (regardless of shape/size/sex) eliminates 15mgs of alcohol out of the body in 1 complete hour(60min).....or 7.5mgs out in 30min. The average standard drink will "input" 15mgs of alcohol INTO the body. Avg drink is 12oz beer, 1 glass of wine 5oz, 1oz shot. **************************************************** Other factors: Food: Food only slows down how fast the alcohol is absorbed into the body through the small intestine. It is still the same amount of alcohol, but it takes longer for your body to feel it. Weight: Is based on water content in the body. (ie drop of chocolate syrup into a glass of milk and another drop of syrup into a shot glass of milk........the syrup will dilute more in the glass of milk.........chocolate taste will be almost non-existent in the glass of milk). So if you are a heavier person, you have more area(water) for the alcohol to disperse in. Cheap Drunk as compared to an Expensive One: A person who drinks daily and/or seasoned drinker body reacts in a different manner to the alcohol that is in the body. The body starts becoming immune to the alcohol and to such a point that the body starts relying on alcohol (addicts or AA). Much similiar to nicotene addiction or for some of us a morning....caffeine addiction. Only difference is alcohol adversely affects the body in its day to day functions *********************************** Coles notes: It takes 1 hour to remove 1 drink from a body.
admin wrote:
I am still a bit confused....so you are saying that if in 1 hr some one drinks 3 standard beers, he would still be ok to drive with the 45mg/100ml of blood alcohol level?
Because I heard something about G license drivers can have up to max 1 standard drink in their system, and anything over that is against the law.
Can you possibly explain a little bit more about how this works?
Class G1 and G2 can not have any alcohol reading at all...zero!
Class G, is allowed up to 49mgs of alcohol in 100ml of blood and can still drive.
An average (regardless of shape/size/sex) eliminates 15mgs of alcohol out of the body in 1 complete hour(60min).....or 7.5mgs out in 30min.
The average standard drink will "input" 15mgs of alcohol INTO the body.
Avg drink is 12oz beer, 1 glass of wine 5oz, 1oz shot.
Food: Food only slows down how fast the alcohol is absorbed into the body through the small intestine. It is still the same amount of alcohol, but it takes longer for your body to feel it.
Weight: Is based on water content in the body. (ie drop of chocolate syrup into a glass of milk and another drop of syrup into a shot glass of milk........the syrup will dilute more in the glass of milk.........chocolate taste will be almost non-existent in the glass of milk). So if you are a heavier person, you have more area(water) for the alcohol to disperse in.
Cheap Drunk as compared to an Expensive One: A person who drinks daily and/or seasoned drinker body reacts in a different manner to the alcohol that is in the body. The body starts becoming immune to the alcohol and to such a point that the body starts relying on alcohol (addicts or AA). Much similiar to nicotene addiction or for some of us a morning....caffeine addiction. Only difference is alcohol adversely affects the body in its day to day functions
***********************************
Coles notes: It takes 1 hour to remove 1 drink from a body.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
So, that still does not answer the question of why do we need a 3-day suspension when we have not broken the law???? An "A" is 50-99 and the legal limit is 80?? Or is there more to this then is currently being told :| ???
So, that still does not answer the question of why do we need a 3-day suspension when we have not broken the law???? An "A" is 50-99 and the legal limit is 80?? Or is there more to this then is currently being told ???
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
**admin** there is a link on the above site to show you how to add the "drink wheel" to a website, if you think it is appropriate for this site, for your consideration.
Thats a really neat tool!
I will try to some how integrate that into the site in the near future.
Thanks for sharing some light on this. Most people aren't aware of this fact...at least I wasn't :wink: I always thought that having anymore than 1 drink in my system, could fail me. But according to the tool as well, I wouldn't be over the limit unless I drank more than 3 beers in an hour.
hwybear wrote:
An average (regardless of shape/size/sex) eliminates 15mgs of alcohol out of the body in 1 complete hour(60min).....or 7.5mgs out in 30min.
The average standard drink will "input" 15mgs of alcohol INTO the body.
Avg drink is 12oz beer, 1 glass of wine 5oz, 1oz shot.
Thanks for sharing some light on this.
Most people aren't aware of this fact...at least I wasn't
I always thought that having anymore than 1 drink in my system, could fail me. But according to the tool as well, I wouldn't be over the limit unless I drank more than 3 beers in an hour.
Over 80mgs is absolutely breaking the law...Criminal Code 253(b) There are other factors that are involved that politicians have to consider when they made the 50-99mgs warning. It depends on alcohol consumption once again....and the variety around it. ie #1: someone drinks several drinks, but it is now 4hrs later, and goes to blow, that person's readings are on the decline due to elimination of alcohol from the body.....so they could actually blow 99mgs.....and get an "A", but why? If you transport the person to the office (usually 1/2hr, then wait for a lawyer possibly 1/2hr) the person now has elminated 15mgs and down to 84mgs....add in time of 20min minimum between tests the reading will now be under 80mgs and thus NO offence under CC 253(b) ie #2 someone drinks several drinks quickly, and goes to blow, that persons readings are on the INCLINE as the body has not yet absorbed all of the alcohol into the body.......so they blow 50mgs....and get and "A", but why? The body can only absorb/process alcohol so fast (I forget the rate). So the person could potentially have drank 8 drinks in an hour.....but only shows 50mgs (5 drinks-1hr 1/2half) but still has 3 drinks not yet absorbed, when the body catches up in processing the drinks they will be blowing over 80mgs....and there is an offence under CC 253(b) No one can tell at roadside which way a persons readings are going (eliminating or inclining)....so this 50-99mgs is a fair way to treat all drivers. It gets the drivers pushing the legal alcohol limit off the road, keeps police from unnecessarily being tied up with an driver that could eventually blow under the limit.
Reflections wrote:
So, that still does not answer the question of why do we need a 3-day suspension when we have not broken the law???? An "A" is 50-99 and the legal limit is 80?? Or is there more to this then is currently being told ???
Over 80mgs is absolutely breaking the law...Criminal Code 253(b)
There are other factors that are involved that politicians have to consider when they made the 50-99mgs warning. It depends on alcohol consumption once again....and the variety around it.
ie #1: someone drinks several drinks, but it is now 4hrs later, and goes to blow, that person's readings are on the decline due to elimination of alcohol from the body.....so they could actually blow 99mgs.....and get an "A", but why? If you transport the person to the office (usually 1/2hr, then wait for a lawyer possibly 1/2hr) the person now has elminated 15mgs and down to 84mgs....add in time of 20min minimum between tests the reading will now be under 80mgs and thus NO offence under CC 253(b)
ie #2 someone drinks several drinks quickly, and goes to blow, that persons readings are on the INCLINE as the body has not yet absorbed all of the alcohol into the body.......so they blow 50mgs....and get and "A", but why? The body can only absorb/process alcohol so fast (I forget the rate). So the person could potentially have drank 8 drinks in an hour.....but only shows 50mgs (5 drinks-1hr 1/2half) but still has 3 drinks not yet absorbed, when the body catches up in processing the drinks they will be blowing over 80mgs....and there is an offence under CC 253(b)
No one can tell at roadside which way a persons readings are going (eliminating or inclining)....so this 50-99mgs is a fair way to treat all drivers. It gets the drivers pushing the legal alcohol limit off the road, keeps police from unnecessarily being tied up with an driver that could eventually blow under the limit.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I agree to the safe side of things but with all the recent changes, I feel we are being safetied to death. Bookm's quip about having fun while driving might be true after all. And didn't you ask the question, "why are we not responsible for our own actions anymore?". Probably because responsibility has been/in the process of is being removed by the law makers. :shock:
I agree to the safe side of things but with all the recent changes, I feel we are being safetied to death. Bookm's quip about having fun while driving might be true after all. And didn't you ask the question, "why are we not responsible for our own actions anymore?". Probably because responsibility has been/in the process of is being removed by the law makers.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
If the law were properly implemented as it is written the police cannot administer a Breathalyzer or Intoxilyzer after the roadside screening device is used. The criminal code is federal law. The highway traffic act is provincial law. The federal law trumps provincial law. The HTA allow the officer to demand a Breathalyzer after a roadside screening is administered. However, criminal code s. 258(2) articulates the results from the roadside screening test cannot be used for unauthorized purposes. It lists the valid authorized purposes in 258(a). Section 253(a) or (b) is not listed. Therefore, the police are not authorized by any law to use the results from 254(2)(b) to force someone to submit to a Breathalyzer test under 254(3) in their attempt to charge them under s. 253. Code s. 254(2)(b) deals with roadside screening. It states; (b) to provide forthwith a sample of breath that, in the peace officers opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose. Unauthorized use or disclosure of results 258(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except (a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or (b) for the purpose of the administration or enforcement of the law of a province.
hwybear wrote:
The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science).
The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much alcohol is in a person blood.
If the law were properly implemented as it is written the police cannot administer a Breathalyzer or Intoxilyzer after the roadside screening device is used.
The criminal code is federal law. The highway traffic act is provincial law. The federal law trumps provincial law.
The HTA allow the officer to demand a Breathalyzer after a roadside screening is administered.
However, criminal code s. 258(2) articulates the results from the roadside screening test cannot be used for unauthorized purposes. It lists the valid authorized purposes in 258(a). Section 253(a) or (b) is not listed.
Therefore, the police are not authorized by any law to use the results from 254(2)(b) to force someone to submit to a Breathalyzer test under 254(3) in their attempt to charge them under s. 253.
Code s. 254(2)(b) deals with roadside screening. It states;
(b) to provide forthwith a sample of breath that, in the peace officers opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.
Unauthorized use or disclosure of results
258(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except
(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or
(b) for the purpose of the administration or enforcement of the law of a province.
Do these machines have the ability to detect the presence of blood in the breath sample? Perhaps I have such poor dental hygiene that my gum's bleed. I blow into a machine designed to test for alcohol levels in "breath". Is the breath sample not contaminated and inaccurate? Alcohol concentrations in blood are much higher than in breath. So will this higher concentration of alcohol not result in a higher breath reading if blood were to be blown into the machine?
Do these machines have the ability to detect the presence of blood in the breath sample? Perhaps I have such poor dental hygiene that my gum's bleed. I blow into a machine designed to test for alcohol levels in "breath". Is the breath sample not contaminated and inaccurate?
Alcohol concentrations in blood are much higher than in breath. So will this higher concentration of alcohol not result in a higher breath reading if blood were to be blown into the machine?
If the law were properly implemented as it is written the police cannot administer a Breathalyzer or Intoxilyzer after the roadside screening device is used. The criminal code is federal law. The highway traffic act is provincial law. The federal law trumps provincial law. The HTA allow the officer to demand a Breathalyzer after a roadside screening is administered. However, criminal code s. 258(2) articulates the results from the roadside screening test cannot be used for unauthorized purposes. It lists the valid authorized purposes in 258(a). Section 253(a) or (b) is not listed. Therefore, the police are not authorized by any law to use the results from 254(2)(b) to force someone to submit to a Breathalyzer test under 254(3) in their attempt to charge them under s. 253. Code s. 254(2)(b) deals with roadside screening. It states; (b) to provide forthwith a sample of breath that, in the peace officers opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose. Unauthorized use or disclosure of results 258(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except (a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or (b) for the purpose of the administration or enforcement of the law of a province. Is the valid section not listed in the "big numbers" above?
lawmen wrote:
hwybear wrote:
The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science).
The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much alcohol is in a person blood.
If the law were properly implemented as it is written the police cannot administer a Breathalyzer or Intoxilyzer after the roadside screening device is used.
The criminal code is federal law. The highway traffic act is provincial law. The federal law trumps provincial law.
The HTA allow the officer to demand a Breathalyzer after a roadside screening is administered.
However, criminal code s. 258(2) articulates the results from the roadside screening test cannot be used for unauthorized purposes. It lists the valid authorized purposes in 258(a). Section 253(a) or (b) is not listed.
Therefore, the police are not authorized by any law to use the results from 254(2)(b) to force someone to submit to a Breathalyzer test under 254(3) in their attempt to charge them under s. 253.
Code s. 254(2)(b) deals with roadside screening. It states;
(b) to provide forthwith a sample of breath that, in the peace officers opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.
Unauthorized use or disclosure of results
258(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except
(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or
(b) for the purpose of the administration or enforcement of the law of a province.
Is the valid section not listed in the "big numbers" above?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Breath instruments obtain their readings from air not liquid.
Bookm wrote:
Do these machines have the ability to detect the presence of blood in the breath sample? Perhaps I have such poor dental hygiene that my gum's bleed. I blow into a machine designed to test for alcohol levels in "breath". Is the breath sample not contaminated and inaccurate?
Alcohol concentrations in blood are much higher than in breath. So will this higher concentration of alcohol not result in a higher breath reading if blood were to be blown into the machine?
Breath instruments obtain their readings from air not liquid.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
From Wiki: Mouth alcohol One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. In analyzing a subject's breath sample, the breathalyzer's internal computer is making the assumption that the alcohol in the breath sample came from alveolar air—that is, air exhaled from deep within the lungs. However, alcohol may have come from the mouth, throat or stomach for a number of reasons. The problem with mouth alcohol being analyzed by the breathalyzer is that it was not absorbed through the stomach and intestines and passed through the blood to the lungs. In other words, the machine's computer is mistakenly applying the "partition ratio" and multiplying the result. Consequently, a very tiny amount of alcohol from the mouth, throat or stomach can have a significant impact on the breath alcohol reading. I would conclude that blood could be blown into the machine just as easily as a belch.
From Wiki:
Mouth alcohol
One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. In analyzing a subject's breath sample, the breathalyzer's internal computer is making the assumption that the alcohol in the breath sample came from alveolar air—that is, air exhaled from deep within the lungs. However, alcohol may have come from the mouth, throat or stomach for a number of reasons.
The problem with mouth alcohol being analyzed by the breathalyzer is that it was not absorbed through the stomach and intestines and passed through the blood to the lungs. In other words, the machine's computer is mistakenly applying the "partition ratio" and multiplying the result. Consequently, a very tiny amount of alcohol from the mouth, throat or stomach can have a significant impact on the breath alcohol reading.
I would conclude that blood could be blown into the machine just as easily as a belch.
You are not understanding "mouth alcohol affect". Mouth alcohol is residual alcohol in the mouth. This is caused by the last "swig" of beer and then blowing directly into the instrument, where the alcohol is fresh in the mouth, therefore a false/high reading is obtained. Same can be done with mouth wash, contains alcohol, swish that around, spit it out and the alcohol in the mouthwash will make a person FAIL the test. This is why we have to determine the last consumption of alcohol, driving time from a bar, open beer in vehicle. We either wait 15minutes if open alcohol is found in the vehicle, or determine by travelling time from where the person was. Waiting 15 minutes eliminates the mouth alcohol affect and therefore a true alcohol reading from lung air will be obtained!
You are not understanding "mouth alcohol affect".
Mouth alcohol is residual alcohol in the mouth. This is caused by the last "swig" of beer and then blowing directly into the instrument, where the alcohol is fresh in the mouth, therefore a false/high reading is obtained.
Same can be done with mouth wash, contains alcohol, swish that around, spit it out and the alcohol in the mouthwash will make a person FAIL the test.
This is why we have to determine the last consumption of alcohol, driving time from a bar, open beer in vehicle. We either wait 15minutes if open alcohol is found in the vehicle, or determine by travelling time from where the person was. Waiting 15 minutes eliminates the mouth alcohol affect and therefore a true alcohol reading from lung air will be obtained!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Your right! I'm not... In your reply you used beer and mouthwash as examples. Both these are not pure alcohol. They are mixed with water. If "fresh" in the mouth, the alcohol component contaminates the breathalyzer and results in a higher reading than a "deep lung" exhalation. If a suspect is bleeding in his mouth, his blood is constantly providing a "fresh" supply of alcohol to his mouth, the same as the mouthwash would. I don't see how this wouldn't affect the machine. The only reason I bring this up is because I once watched a defense lawyer ask an officer on the stand if he checked for blood before conducting any tests. The officer said, "No". During the judges ruling, he said he was intrigued by the lawyers questioning, but since he didn't follow it up with any arguments during closing, he chose not to include this portion of the questioning in his deliberations. (= guilty)
Your right! I'm not...
In your reply you used beer and mouthwash as examples. Both these are not pure alcohol. They are mixed with water. If "fresh" in the mouth, the alcohol component contaminates the breathalyzer and results in a higher reading than a "deep lung" exhalation. If a suspect is bleeding in his mouth, his blood is constantly providing a "fresh" supply of alcohol to his mouth, the same as the mouthwash would. I don't see how this wouldn't affect the machine.
The only reason I bring this up is because I once watched a defense lawyer ask an officer on the stand if he checked for blood before conducting any tests. The officer said, "No". During the judges ruling, he said he was intrigued by the lawyers questioning, but since he didn't follow it up with any arguments during closing, he chose not to include this portion of the questioning in his deliberations. (= guilty)
Go out on a limb here.....that the alcohol in the blood is at the same concentration as the air from the lungs, as it is already processed from the stomach into the bloodstream. As comparing alcohol coming directly into the body (ie alcoholic beverage) which has yet to be processed by the body.
Bookm wrote:
If a suspect is bleeding in his mouth, his blood is constantly providing a "fresh" supply of alcohol to his mouth, the same as the mouthwash would. I don't see how this wouldn't affect the machine.
Go out on a limb here.....that the alcohol in the blood is at the same concentration as the air from the lungs, as it is already processed from the stomach into the bloodstream. As comparing alcohol coming directly into the body (ie alcoholic beverage) which has yet to be processed by the body.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
What would I do without Google?! There's also a variety of products found in the environment that can lead to erroneous BAC results with breathalyzers. Some these products include substances or compounds found in cleaning fluids, celluloid, gasoline, paint removers, and in lacquers. Other common substances that can result in false BAC levels are alcohol, vomit, or blood in the person's mouth. False BAC readings can also be caused from electrical interference, dirt, smoke, cell phones, police radios, moisture, and tobacco smoke. [url]http://www.alcohol-test-info.comAlcohol_Blood_Tests_vs_Breathalyzers.html[/url]
What would I do without Google?!
There's also a variety of products found in the environment that can lead to erroneous BAC results with breathalyzers. Some these products include substances or compounds found in cleaning fluids, celluloid, gasoline, paint removers, and in lacquers. Other common substances that can result in false BAC levels are alcohol, vomit, or blood in the person's mouth. False BAC readings can also be caused from electrical interference, dirt, smoke, cell phones, police radios, moisture, and tobacco smoke.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…