HomeMy WebLinkAboutThe Citizen, 2008-02-28, Page 18Continued from page 17vehicle and drove away, she contact-ed police. Const. Kevin MacAdam said heresponded to the call and afterspeaking with the witness went tothe neighbouring home and wasgiven a description of the car Goetz
had been driving.
As he was leaving, he said, Goetz
returned. He spoke to MacAdam and
admitted he had had a couple of
drinks. The officer said that he read a
demand for the roadside test, which
registered a fail.
Defence counsel questioned
MacAdam about his knowledge of
the test, its calibration and make.
While he didn’t know the exact cali-
bration level, the officer said he
believed that a fail meant the driver
had over 80 mg of alcohol in 100 ml
of blood.
Defence argued to Hunter that this
was a lack of understanding of the
machine and whether there was
grounds for an arrest when the offi-
cer didn’t know what the calibration
was for a fail.
“Fail on its own is not grounds. He
needs to be able to explain what the
fail means to him. What if it’s cali-brated at 70?”“It’s all hearsay,” counteredHunter, “whether they tell him it’scalibrated at 100 or 70.”Counsel also raised questionsabout a 10-minute gap betweenwhen the officer placed his client
under arrest and when the sample
was taken.
Vale, however, saw little reve-
lance. “The officer did everything
properly. These arguments don’t
affect the results.”
Hunter agreed. “I’m satisfied the
officer had grounds. His subjective
belief is that the accused’s blood
level was over 80. Objectively he’d
have to believe the same thing.”
The 10-minute gap was not an
“undue delay” he said adding that
the test, which resulted in readings
of 110 mg of alcohol in 100 ml of
blood were taken expeditiously.
“I agree that the officer can be
clearer on some evidence but he
gave it in a forthright and admirable
manner for his first time.”
Goetz was fined $600 in addition
to the driving prohibition. He has six
months to pay the fine.
PAGE 18. THE CITIZEN, THURSDAY, FEBRUARY 28, 2008.Officer takes the stand
Thanks
Members of Beta Tau Perceptors recently donated a cheque for $700 to the CT scanner for
Huron campaign. The donation came from the proceeds for made-to-order pies baked by the
ladies last fall. From left: Sherry Hodges, Heather Ball, Cathy Smith, Lisa Blumhagen, cam-
paign co-chair Willi Laurie, Alice McDowell, Lesley Clarke and Debbie Austin. Absent: Kathy
Young, Chirs Reed, Judy Gleave, Jose Gillespie, Marina Wellman, Jan Vogel and Robyn
Ross. The Goderich-based sorority includes members from the Blyth and Belgrave area. (Signal
Star photo)
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