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

PHOTO: Renewable Energy Fair at Red Deer College

The Renewable Energy Fair and Workshops event was held at Red Deer… Continue reading

PHOTOS: Red Deer College Queens host third annual Pink in the Rink game

The RDC Queens picked up an extra special victory on home ice… Continue reading

PHOTOS: The Mustard Seed CEO speaks at Seeds of Hope Gala in Red Deer

The first-ever Seeds of Hope Gala was held at the Red Deer… Continue reading

Person airlifted to hospital after collision near Innisfail

One person was airlifted to hospital after a serious collision west of… Continue reading

WATCH: Make-A-Wish grants Star Wars loving teen’s wish

The Make-A-Wish Foundation granted Anakin Suerink’s wish in Red Deer Saturday afternoon

Migrant caravan swells to 5,000, resumes advance toward US

CIUDAD HIDALGO, Mexico — Despite Mexican efforts to stop them at the… Continue reading

“I don’t feel real”: Mental stress mounting after Michael

PANAMA CITY, Fla. — Amy Cross has a hard time explaining the… Continue reading

Toronto residents set to vote Monday on the next four years of civic leaders

Toronto’s municipal election campaign, marked by unprecedented provincial interference, ends Monday when… Continue reading

Former PQ minister Lise Payette remembered as role model for female politicians

MONTREAL — Members from across Quebec’s political spectrum gathered at a downtown… Continue reading

Voters head to polls for BC municipal elections today, some complain of long lines

VANCOUVER — Voters in British Columbia are heading to the polls today… Continue reading

Kennedy Stewart named mayor of Vancouver; one of several B.C. turnovers

VANCOUVER — Former New Democrat MP Kennedy Stewart has won a neck-and-neck… Continue reading

‘In our bloodline:’ Land-based learning links curriculum with Indigenous culture

REGINA — A school day for six-year-old Hunter Sasakamoose can start with… Continue reading

‘Stupid’ law preventing Canada’s re-engagement with Iran: retired envoy

OTTAWA — The real reason the Liberal government hasn’t been able to… Continue reading

Most Read