small hand held machine that the accused breaths into. Unfortunately in Canadian law there is also a loop-hole, the Carter Defense, which has been around since 1985. According to this defense, the breathalyzer is only a machine that can malfunction. If the accused testifies under oath that he/she has only had "one or two drinks and can therefore not possibly be impaired" that statement raises a reasonable doubt as to their guilt. The accused must then be acquitted. Yes, machines can malfunction, but accused people can also lie. I would tend to place more weight on scientific evidence than I would on the word of a person who has everything to lose if convicted. The Canadian Government plans to work on changing this law in the coming year and closing this loop-hole.Sunday, December 30, 2007
The Carter Defense
In Canada the legal limit for operating a motor vehicle after consuming alcohol is .08 blood alcohol level. Police routinely test for this with a breathalyzer, a 
small hand held machine that the accused breaths into. Unfortunately in Canadian law there is also a loop-hole, the Carter Defense, which has been around since 1985. According to this defense, the breathalyzer is only a machine that can malfunction. If the accused testifies under oath that he/she has only had "one or two drinks and can therefore not possibly be impaired" that statement raises a reasonable doubt as to their guilt. The accused must then be acquitted. Yes, machines can malfunction, but accused people can also lie. I would tend to place more weight on scientific evidence than I would on the word of a person who has everything to lose if convicted. The Canadian Government plans to work on changing this law in the coming year and closing this loop-hole.
small hand held machine that the accused breaths into. Unfortunately in Canadian law there is also a loop-hole, the Carter Defense, which has been around since 1985. According to this defense, the breathalyzer is only a machine that can malfunction. If the accused testifies under oath that he/she has only had "one or two drinks and can therefore not possibly be impaired" that statement raises a reasonable doubt as to their guilt. The accused must then be acquitted. Yes, machines can malfunction, but accused people can also lie. I would tend to place more weight on scientific evidence than I would on the word of a person who has everything to lose if convicted. The Canadian Government plans to work on changing this law in the coming year and closing this loop-hole.
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3 comments:
The question is---Why? Why? Why? does our justice system seem hell bent on letting perverts and murderers of every kind running (and driving) loose on our streets? The justice system has ONE job-- and that is to protect law-abiding citizens from the actions of those who are able, willing and anxious to break the laws. If the problem is not enough jail space,then build more! I'll gladly pay more taxes if that's what it takes to have my kids and grandkids protected from felons.
Then machine do malfunction ,I seen a case that a man had a 2 beers was pulled over by seen coming out of a liquor establishment. I find this to be entrapment as well.He blew into the machine It read high.He was booked and had a 24 suspension of his license.That night 5sm the officers were having difficulties with the BAC machine but booked him anyways ,then the next morning he had to blow into it again.Teh couldnt get the machine to work so they let him go on his own recognaisance. This man has never had a ticket ever in his life, a good standing citizen, family man. He was also pulled over on an illegal dirtroad. So I think ther ein injustice in this case.
what do you think out there .please help
sense when is a person that has two glasses of wine a murderer and a pervert? I am not talking about someone who is accused of being impaired but someone who is charged with over .08 mg. Yet shows no signs of intoxication yet the machine shows that he is over. All machines can fail and are not always accurate.
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