Quote:
Originally Posted by j0hn
This is a related question that I thought of this evening - is it possible to be charged with impaired driving solely on the basis of failing the ASD? I'd imagine it's technically possible given the way the law is written but probably not done in practice due the likelihood of it not standing up in court? Is this true?
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Yes it is...you can be charged without any breath test at all, based on observed symptoms.,.,.however it is better (from the Crown's point of view) if you also have blood alcohol readings to enter as evidence as it establishes the actual level of impairment by alcohol.
As far as getting a due care/reasonable consideration ticket goes, a court ruling in Victoria I believe, established that it was an appropriate charge. Like any decision to charge, it is up to the Cop handling the situation...but any Member who deals with the results of alcohol abuse (and that is all) I cannot see why a due care VT would
not be issued after getting readings over the legal minimum. You didn't tell us what they were but I guess we can guess they were over the .05mg%? IMHO it is an entirely appropriate charge for the situation you outlined.