***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.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.