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Defending Drinking and Driving Cases 2011

Defending Drinking and Driving Cases 2011    
Format Softcover
Catalogue No. 978-0-7798-3558-4
Pages 382
Language English only
Price $81.00
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Written by Alan D. Gold.
Published by Carswell, 2011.

This is an annual publication. The 2011 edition was released July 2011.


Drawing upon the author's wealth of experience as a criminal defence lawyer, this practice guide provides expert instruction on how to represent an accused charged with a drinking and driving offence.

Defending Drinking and Driving Cases explains how to prepare, develop, and strategically present an effective defence, beginning with the client's initial telephone call from the police station. The constituent elements of the offences, and the issues to which they give rise, are systematically examined within the governing strategy, constitutional, and jurisprudential framework. Topics addressed include the validity of the approved screening device test, proof of impairment, admissibility of blood and breathalyzer results, Charter defences, the concept of "care and control," and sentencing. The technical aspects of demands, breathalyzer reports, certificates and alcohol influence reports are also covered.

The 2011 edition has been updated to reflect all the legislative amendments since the last edition and incorporates all significant developments in the case law.

Table of Contents:
  • Table of Cases
  • Introduction
  • 1. The Initial Telephone Call
  • 2. The Initial Interview
  • 3. Preparation
  • 4. Approved Screening Devices or Physical Coordination Tests
  • 5. Breathalyzer Tests
  • 5A. Drug Evaluations
  • 6. Blood Tests
  • 7. Proof of Impairment
  • 8. Proof of Excessive Blood Alcohol Level: "Over '80"
  • 9. Proof: Operation (Driving)
  • 10. Proof: Care or Control
  • 11. Causing Bodily Harm or Death
  • 12. Proof: Motor Vehicle, etc.
  • 13. The Defence
  • 14. Sentencing
  • Appendices
  • Index
Cases available to May 31, 2011 are included.

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This page last modified: July 13, 2011

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