Quote:
Originally Posted by elkhunter11
The instrument is the problem if your actual level is .04, or .045, and you blow a warning because the instrument is not accurate . The limit is .05, it isn,'t .04 or .045.. That is why they don't charge anyone with exceeding .08 based on the roadside unit. They take the person to the station to test them on a more accurate unit. And regardless of what you are charged with, you should be entitled to a trial. As my link demonstrates ,there have been issues with the roadside units, one officer blew a fail and he had not consumed any alcohol at all. From that link
This may not be common, but without a trial to prove guilt or innocence, innocent people will be wrongly punished.
This isn't supposed to be a police state, where the police declare you guilty and sentence you without a trial.
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With every post you make, you show more and more how uneducated you are on this matter, standing on a roof top spewing your ignorant BS for everyone to hear.
First of all, of course you get your day in court, if you get charged with impaired, or refusal, you are released with a court date, same as any ticket. Police cannot convict you of anything, they simply lay charges and compel you to court. The board I was talking about is only in relation to appealing your vehicle seizure.
Second, the ASD's are accurate, they are very accurate, and they are tested constantly. If anything, an ASD can only show a lower blood alcohol than a true blood test would show. Second, even though provincial law says that .50 leads to a provincial 3 day sanction, ASD's are calibrated to only show a "caution" if you blow between 60-100 mg%. Even though over 80 mg% is a criminal offence, the ASD doesn't show a fail unless you blow over 100 mg%. Everything is truncated in your favour. Also, if you have a concern about the ASD used, immediately after you do your test, you are given a piece of paper and have your right to a second test explained to you. At that point, you have the right to provide a second sample into another instrument to ensure its accuracy and the lower of the two tests, if there is any discrepancy, is used.
But please Elkhunter, continue spewing your factually incorrect opinions on here. Or maybe do some actual reading and educate yourself on the subject.