ACQUITTAL BASED ON POSSIBLE POST-DRIVING ALCOHOL CONSUMPTION OVERTURNED
Sunday, February 3, 2013 at 3:14PM
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The 2008 amendments to the Criminal Code that restricted the use of the "two-beer defence" have been intrepreted to show that it is now difficult for an accused to be acquitted of an exceed .08 charge even when there is possible evidence of consuming alcohol after the time of driving. The Newfoundland and Labrador Court of Appeal quoted earlier Supreme Court of Canada cases which held that: [i]n most cases, moreover, there is good reason to suspect that post‑driving drinking (or just the claim thereof) is an act of mischief intended to thwart police investigators.  All such cases, at the very least, involve a significant degree of irresponsibility and a cavalier disregard for the safety of others and the integrity of the judicial system.  This Court should not encourage or, at the very least, lend legitimacy, to such behaviour. R. v. Benoit, 2013 NLCA 3

Article originally appeared on Investigating Impaired Drivers (https://www.lawprofessionalguides.com/).
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