Jackie Dunham, CTVNews.ca Staff
Published Thursday, December 6, 2018 12:30 EST
Last updated Thursday 6 December 2018 12:41 PM EST
In the blow to the poor driving bridges, the Canadian High Court has ordered orders for the Quebec man who was suspected of having been arrested in lower court management because he was not in his position left for 20 minutes before taking a breathalyzer test.
Marc Cyr-Langlois was arrested in July 2012 with suspicion of driving and driving to a police station. At the station, it was accidentally left for 20 minutes before giving a breathalyzer test.
Cyr-Langlois was cared for by working a vehicle with a blood pressure of more than 80 milligrams per 100 millenar blood, according to the rule of the High Court.
At his first test at the Quebec Court, Cyr-Langlois challenged her as well as her. The breathalyzer results argued that the technology did not properly manage the test. The security of the Quebec man said the "accuracy expectations" had been activated as Cyr-Langlois had not been supervised for a short time before the test.
Technicians are expected to look at those suspected for 15 to 20 minutes before testing them to make sure they do something to change the results, such as drink, coat or other burp.
Criminal defense lawyer, Edward Prutschi, said that if something like that happened, questioning the "result of the accuracy" of the device because it may have been read from a drink level recently in recent drinks from a recent drink or what was taken from a " removing or sending burping.
In the case of Cyr-Langlois, the Quebec court threw out the breathalyzer test results due to this challenge. The resolution showed that decision and its defeat to Quebec Superior Court where it was abolished. Cyr-Langlois stated that his rule and case were heard by the Quebec Court of Appeal, who ruled his prediction.
Following the application of a Crown administration of the Quebec Court of Appeal, the Canadian Court ordered a new order and removed the protection capacity to using the argument he left first.
"They are particularly beneficial to the Crown and say 'No, there should be a new test here & # 39; and the product is not -Delectric analysis of precision, "explained Prutschi. "They have taken away that defense and they said" Go back and have a new test. "
Prutschi said that the High Court's decision does not mean that his / her / case goes back to the Quebec court where a new lawsuit or appeal agreement is reached.
"Maybe that does mean, if not [the defence lawyers] Come in with something else creatively, maybe it proves proof at the end of the day, "he said.
The case has a "valuable priority", according to Prutschi, because it is a " means defense lawyers can now no longer be able to use the argument that technology was not to protect the person before a breathalyzer test in driving issues with future problems.
"One other angle in the coffin is the different creative defenses that we try to set up a defense lawyer to stop driving costs that may be possible. , "he said.
Prutschi said that this regulation means it's even harder to go to # 39; Fight on a serious drive if the person defends to break over his / her; a legal border in a breathalyzer test.
"It's a unique situation, there is almost no parallel in Canadian crime law where a device has a very important value," he said. "Once you're blown on that device, you have a very limited choices of what you can do now from a security perspective."