The law is an ass.

On Tue, Jul 16, 2019 at 2:03 PM Max Dillon via Mercedes <
mercedes@okiebenz.com> wrote:

> A lawyer friend defended a similar case, driver crashed car, was on scene
> and wondering around for about thirty minutes.  Deputy arrived, noted smell
> of alcohol, driver failed the field sobriety test and breathalyzer.
>
> At court, deputy testified that he did not see driver operating the car,
> did not observe when the drinking occurred.  Driver was not advised of
> Miranda rights, so any confession was not admissible under the fifth
> amendment.  Government could not prove when the alcohol was consumed, and
> adequate time has passed between crash and arrival of deputy that driver
> could have become impaired after the crash.  Not guilty.
> --
> Max Dillon
> Charleston SC
>
> On July 16, 2019 12:27:14 PM EDT, Randy Bennell via Mercedes <
> mercedes@okiebenz.com> wrote:
> >On 16/07/2019 11:10 AM, Curt Raymond via Mercedes wrote:
> >>   Is that evidence always admissible in court? In Canada do you have
> >the right to know your accuser? Has this yet been used in a weaponized
> >fashion?
> >> Seems like reporting the lawmakers who started the law would be a
> >really interesting thing, it'd hassle them if nothing else. I'm
> >interested in those cases where lawmakers get caught up in their own
> >laws.
> >>
> >> -Curt
> >>
> >Some of these cases have been successfully fought but at considerable
> >expense to the person charged. There is some talk of a constitutional
> >challenge but I think there is hope that the Liberal government will be
> >
> >voted out this fall and the Conservatives will amend the law.
> >
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