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Old 07-04-2012, 10:39 PM   #1
Bill Emde
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Default can you be charged for impairment blowing under .09

My

Last edited by Bill Emde; 08-04-2012 at 08:54 PM.. Reason: fear
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Old 08-04-2012, 07:23 AM   #2
Mla
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My son was killed Feb. 15th the driver blew a reading of .091 and a .085. The driver has not been charged and according to the EPS will not be. I sat through a chalk board explanation from the traffic division showing me how this was possible. They took the .091 and reduced it to .090 the other .085 rounded it down to .080 average of .085 then subtracted 10 percent to .075 then said by the new rules they missed by only .005. they tell us they dont charge until .090. Has anyone out there been charged recently blowing in the .08 to .09 range. I am outraged at the EPS decision.
I am so sorry for your loss. This sounds wrong to me. If I were you I would be contacting lawyers and seeing if other charges are possible. If not go after this guy civilly.

Unfortunately Canada seems to care more about the rights of the criminals than the rights of the victims and victims families. Police can only do what the government tell them they can. There is definitely something wrong with our system if justice is not found for you and your family.

Last edited by Mla; 08-04-2012 at 07:28 AM..
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Old 08-04-2012, 08:29 AM   #3
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I am outraged at the EPS decision.
I don't know the rules, but it would make sense to me that there be some recognition of rounding error or similar in the test results.

I'm sorry about your son's death, but was there evidence that dangerous driving by the person who consumed alcohol was the reason for the death? If by contrast, it was your late sons driving that was to blame (or someone elses other than the driver who consumed alcohol), then I wouldn't expect there is much chance on a civil suit or similar.
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Old 08-04-2012, 08:51 AM   #4
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^I expect the crown prosecutor / counsel decided that for whatever reason based on the facts, with reference to their experience, they didn't consider their to be much prospect of success. You might want to try their first, I have spoken to a crown prosecutor before when I was the victim of a crime, they might be willing to talk to you.

If you don't get traction there, I'd suggest talking to a lawyer who is experienced in traffic law / court cases. Alternatively, you could try to do your own research first to "get a feel" for the law, by searching court cases or similar.

Last edited by moahunter; 08-04-2012 at 08:55 AM..
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Old 08-04-2012, 08:52 AM   #5
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Could you tell us the full story of what allegedly happened?who do the police say were at fault?
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Old 08-04-2012, 08:57 AM   #6
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^it might be better not to (i.e. if this was to go to court, I'm not sure its wise to talk about all the facts in a public forum, even anon.).
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Old 08-04-2012, 09:46 AM   #7
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^are you sure EPS made this decision? My understanding is that it is normally a prosecutor working for the crown who decides, and then tells EPS to inform you one way or ther other. You should ask if a prosecutor looked at the case, and if so, if you can talk to that prosecutor.
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Old 08-04-2012, 10:24 AM   #8
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If this matter is about to go before the courts it might be in your best interests to stop talking about it on the Internet.
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Old 08-04-2012, 10:29 AM   #9
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^I think you are getting your news through a filter second hand, and that you should ask to speak to the prosecutor on the case. Just IMO.
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Old 08-04-2012, 10:30 AM   #10
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^my understanding is that the prosecutor normally makes the decision whether or not it should through the courts, not EPS.
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Old 08-04-2012, 01:08 PM   #11
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This is not the place to be posting this.
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Old 08-04-2012, 01:21 PM   #12
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^because no matter how many facts you tell us, we don't know whether they are all correct or not, its just idle speculation. Court cases are very fact specific, and not being a lawyer who practices in this area, I certainly can't answer what is right or wrong. I think you should get in touch with the prosecutor first, perhaps then a lawyer next. If they don't work, and you think an injustice has been done, the media is a good place to go to. The media should do the sort of due dillegence of the facts that none of us can do on here.
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Old 08-04-2012, 01:49 PM   #13
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let me tell you , DO YOU THINK that Justice system cares more about rights of a criminal than victims of a crime ?? you are badly mistaken because criminals do have a right to fair trail, right to have a lawyer. everyone is equal under canadian law. victim's families should not be included in it when it comes to involving crime between crimimals and the victims.
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Old 08-04-2012, 02:04 PM   #14
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victim's family should simply forgive criminals and move on with their lives.
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Old 08-04-2012, 02:15 PM   #15
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I suggest you seek legal counsel. Posting things like this on the internet accomplishes nothing.
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Old 08-04-2012, 02:49 PM   #16
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Bill Emde:

Why did you post this under Politics? You're OP doesn't discuss the political aspects of the case.
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Old 08-04-2012, 04:39 PM   #17
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Quote:
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I suggest you go back and read fully what I was looking for
I'm trying to help. Being confrontational like that is uncalled for. Calm down, enjoy the rest of your holiday weekend.
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Old 09-04-2012, 07:53 PM   #18
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Bil, this would not have been an arbitrary EPS decision, but rather, a legal decision. Although EPS gave you the information this is based on what the courts have decided. When obtaining breath samples if, for example, a reading of 94 is registered that reading must be rounded down to 90. That is not a decision the police have made but something the courts decided and is now case law. There is also the 10% rule for error. In order for police to lay the charge they have to have the reason and probable grounds to believe an offence was committed. Once the case has gone to the Crown Prosecutors they have to decide if there is a reasonable likelihood of conviction. If that is not there, they will not proceed with the charge even if it laid by the police.
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Old 26-04-2012, 10:24 AM   #19
Bill Emde
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I just found a woman that was charged with impaired last fall with readings of .08 and .085 and I have her certificate of analysis. Looks like there is a double standard going on out there!
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