Consumption After Operation Ceased
CONSUMPTION OF ALCOHOL OR A DRUG OCCURRED AFTER OPERATION HAS CEASED
What this means
Notwithstanding that it has been proven that an accused’s ability to drive was impaired by alcohol or a drug, the court has a reasonable doubt based on a possibility that the accused became impaired after ceasing to operate the conveyance (a conveyance is defined as a motor vehicle, an aircraft, a vessel or railway equipment) .
For the charge of operating a conveyance with a blood alcohol concentration that is over the legal limit, the accused would have to establish the following three things:
- they consumed alcohol after ceasing to operate the convenance;
- after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and
- their alcohol consumption is consistent with their blood alcohol concentration as determined by the breath or blood testing.
* Note: These three requirements came into effect as a result of amendments to the Criminal Code in 2018. It is arguable that these amendments are unconstitutional.
For any case in which you are charged with impaired operation of a conveyance, a reasonable doubt can be raised if there is an air of reality to the possibility that you became impaired due to the consumption of alcohol or a drug after you were no longer operating a conveyance.
If you are charged with operating a conveyance with a blood alcohol concentration that is over the legal limit, you will have to successfully convince the court that you consumed alcohol after you were no longer driving, that you did not have any reason to believe that you would be required to provide a breath or blood sample and that the amount of alcohol you consumed is consistent with your breath or blood test results. In order to establish this third requirement, we would need to retain an expert toxicologist.
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