Drunk driving trials scheduled

The defence theory is that the information in the machine could be flawed and Sproule wants a private expert to test the data.

An entire month next year has been set aside for Red Deer trials involving the legitimacy of recently legislated drunk driving rules.

Defence lawyer Kevin Sproule said on Tuesday that the 17 trials in July could also involve constitutional arguments pertaining to the workings of breathalyzer machines used by the police to test the alcohol content of suspected drunk drivers.

A test case involving the disclosure of information contained in the machine will be debated on Oct. 6 in Red Deer provincial court.

The defence theory is that the information in the machine could be flawed and Sproule wants a private expert to test the data.

Sproule said earlier he’s prepared to go as far as the Supreme Court. He said the high court would be asked to rule if the legislation passed in July 2008 is constitutional.

The legislation places the onus on the defence to prove that breathalyzer machines weren’t working properly when blood-alcohol readings were taken by police.

Previously, the defence could call an expert on blood-alcohol absorption rates and its expulsion from the body to theorize that readings may not have been as high as recorded.

It was then up to the judge to weigh the facts from the readings and the expert’s evidence to form his decision.

Sproule said other lawyers across the country have mounted similar challenges so it’s a question of which case makes it to the provincial appeal stage first, followed by a decision of the high court if it wants to hear that case.

jwilson@bprda.wpengine.com

Just Posted

Blood donations needed in Central Alberta: Canadian Blood Services

357 donors are needed before Aug. 26 at the Red Deer clinic

Photos: Smoky conditions in Red Deer

Red Deer and area is experiencing high risk air quality.See related: Red… Continue reading

PHOTO: Rainbow Block Party at Red Deer’s West Park

The Trans and Non-Binary Aid Society hosted a Rainbow Block Party at… Continue reading

WATCH: Red Deer man shaves beard for Mustard Seed

‘I have spent 30 years of my life being addicted to both alcohol and drugs’

US newspapers to Trump: We’re not enemies of the people

NEW YORK — Newspapers from Maine to Hawaii pushed back against President… Continue reading

Liberal MP Iqra Khalid accused of giving award to purveyor of anti-Semitism

OTTAWA — A Liberal MP is under fire for presenting a ”certificate… Continue reading

Ottawa intervenes to get 13-year-old ball player to Little League World Series

OTTAWA — Thirteen-year-old Dio Gama will get to play baseball in the… Continue reading

Esther, celebrity ‘wonder pig,’ diagnosed with cancer after CT scan

GUELPH, Ont. — A celebrity pig whose owners raised more than half… Continue reading

Feds preparing response in case Trump follows through on auto tariff threat

OTTAWA — With threats of devastating U.S. tariffs hanging over the auto… Continue reading

Committee to decide how millions in Humboldt Broncos donations are split

SASKATOON — Lawyers for the families of some of those who died… Continue reading

Boy, 11, dies after being struck by payloader on southern Alberta ranch

BOW ISLAND, Alta. — A boy has died after an accident on… Continue reading

Liberals look at creating federal holiday to mark legacy of residential schools

OTTAWA — The federal Liberal government wants to establish a holiday to… Continue reading

Most Read


Five-day delivery plus unlimited digital access for $185 for 260 issues (must live in delivery area to qualify) Unlimited Digital Access 99 cents for the first four weeks and then only $15 per month Five-day delivery plus unlimited digital access for $15 a month