I would argue that the delayed testing was not prejudicial to the accused nor to the system of justice at large. If his reading was well above the limit at a later time, it can only mean that he was extremely under the influence earlier.
Wonder if Marco Muzzo met the 9 minute and 59 second test?
While a persons rights are important, I believe that this judge got it wrong. This guy will re-offend and others will try to do anything they can to delay if pulled over, after hearing this.
I think there were other cases that were thrown out but we are talking hours not minutes delay in administering the test. Any day now there will be a case where the deadline is set at 5 minutes from the current 10 minutes.
Interestingly in a number of U.S. jurisdictions police are prohibited from using PBT tests. Probable cause for arrest has to be established by the traditional tests (various alphabet tests, heel to toe, finger dexterity) and nystagmus gaze.that's not what the judgement was about. The issue with the delay is: the Parliament and the courts have decided that the initial test should be administered as soon as reasonable. The reason presumably being that a citizen should not have to sit on the road for too long while not being under arrest yet. The test for demanding a roadside test is "reasonable suspicion that the driver has alcohol in his system." If you tell the officer that you had half a glass of beer, they cannot arrest you yet you must comply with the demand to blow at the roadside. But why should you sit for ten minutes on the street before they do it?
Detaining citizens on mere suspicion smacks of the police state. This is about your freedom. Every one of us can be in this situation. The line is drawn somewhere. This is where this judge drew the line. At ten minutes. Was it generous? Sure it was. Melvin Green is one known to be of the most liberal judges in the province. But he is also known to be smart and fair.
Interestingly in several U.S. jurisdictions police are prohibited from using PBT tests.
I would argue that after being pulled over & being so distraught that I downed a mickey that just happened to be in my pocket.
that's not what the judgement was about. The issue with the delay is: the Parliament and the courts have decided that the initial test should be administered as soon as reasonable. The reason presumably being that a citizen should not have to sit on the road for too long while not being under arrest yet. The test for demanding a roadside test is "reasonable suspicion that the driver has alcohol in his system." If you tell the officer that you had half a glass of beer, they cannot arrest you yet you must comply with the demand to blow at the roadside. But why should you sit for ten minutes on the street before they do it?
Detaining citizens on mere suspicion smacks of the police state. This is about your freedom. Every one of us can be in this situation. The line is drawn somewhere. This is where this judge drew the line. At ten minutes. Was it generous? Sure it was. Melvin Green is one known to be of the most liberal judges in the province. But he is also known to be smart and fair.
But your honour, this is not like a Section 11(b) delay. It was only 10 minutes, not a week in a Cuban jail for heaven's sake! While the delay might be peculiar, it is not unconscionable and a slight inconvenience at best. So with a high blood alcohol level after the 10 minute mark, the accused is free to continue down the road just as impaired? Shame! Shame!
(I guess the cops can go after the driver after they let him go and test asap).
how many minutes are you prepared to waist if stopped after having a glass of beer?
Enough to ensure my sobriety before a test.
The police fuddled around to have caused that 10 minute delay but it didn't seem to be any malfeasance on their part. I guess it depends if there's an unjustified delay that the threshold gets lower.
see how everybody here is mad at the judge whose job was to decide if 10 minutes of your life wasted is enough to draw the line but nobody so far came up with a solid number of minutes they would happily sacrifice. So you'd feel it's ok for you to sit in the car and waist say 30 minutes?
