Friday, April 12, 2013

Acid reflux provides a defence to Over 80

R. v. Coffey2013 ONCJ 178 holds: 

[32]                  I find that I accept Mr. Coffey's evidence that he was actually experiencing acid reflux symptoms during the breath tests.  I found his evidence credible and he was unshaken in cross-examination.  Having come to this conclusion, I find that it has been established that there was a real possibility that some alcohol may have been in Mr. Coffey's oral cavity when the tests were taken.  There was therefore a real potential for false readings from the instrument.

Here's a link:


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