HomeMy WebLinkAboutTimes-Advocate, 1986-08-20, Page 3Dashwood area m
beats breathalyser test
A Dashwood area man this week
won a court battle in London that pit-
ted the credibility of his testimony
against the credibility of a
breathalyser machine.
The case was hailed as one which
may have implications for court cases
in London and across Ontario because
of the way police test the accuracy of
the devices.
Provincial Judge Allan Guthrie rul-
ed that good, reliable evidence from
a motorist about how much he has
been drinking is not automatically
outweighed by a breathalyser reading
above the legal limit.
The judge agreed with a
breathalyser expert, called by a
defence lawyer, who said contamina-
tion of the devices is possible because
of how an alcohol solution used to test
the machines is handled.
Guthrie acquitted Lenard Woods,
41, of RR 2 Dashwood of one count of
impaired driving and one of ex-
ceeding the legal alcohol limit. Both
charges were laid by city police
February 7.
'The judge said the credibility of
Woods and of the machine provided
the key to the case and he preferred
to believe Woods about his level of
alcohol consumption in the hours
before he was picked up on Oxford
Street near Richmond Street about
1:30 a.m. Woods testified he had about
five or six drinks and didn't think he
was impaired.
His lawyer presented breathalyser
expert Russell Rockerbie, a phar-
macologist from Burnaby, B. C., who
calculated that based on Woods's size
and consumption he would have had
a reading of 35 to 65 milligrams of
alcohol in 100 millilitres of blood. The
legal limit is 80 milligrams and court
was told by police that Woods had a
reading of 110 milligrams.
Rockerbie said he is concerned
about how London police handle test
solutions used to check the accuracy
of their breathalyser machines. he
noted that 100 millilitres of the alcohol
solution is needed, but police take the
solution from 500 -millilitre bottles and
leave the bottles unsealed between
uses. The researcher, who helped in-
troduce the standard breathalyser
machine to Canada, said this pro-
duces a risk of contamination that
would elevate readings.
Rockerbie said police should spend
more money and use individually
sealed 100 -millilitre bottles to ensure
accuracy in breathalyser readings.
Listening to Rockerbie's testimony
were several defence lawyers, some
taking notes.
Following the acquittal, defence
lawyer Norman Peel said the decision
may have wide ranging effects on
anyone charged with exceeding the
legal alcohol limit under similar
Views differ
on crop woe
There appears to be a difference of
opinion as to the extent of turnip
mosaic virus being experienced in
area fields.
Last week, Tom Lowery, co-
ordinator of field research for the tur-
nip mosaic virus task force, reported
that area fields had experienced a
rapid and severe outbreak of the
virus. He explained it was widespread
and increasing.
However, veteran grower Pat
O'Rourke called the Times -Advocate
to complain that the story about
Lowery's report painted a bleaker
picture than necessary.
O'Rourke said the area crop has not
been devastated to the extent sug-
gested, estimating that the virus is
evident in only five to ten percent of
the crop.
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t 20 1
circumstanced. based ori credibility. "This is a very
"An honest person is not always go- distinct situation," he said.
ing to be beaten by the machine," he The prosecutor said in those cases
said. the defence will also have to produce
experts to calculate what a motorist's
blood-alcohol level would have been
based on the motorist's evidence and
that the motorist then has to be believ-
ed by the judge.
Advised of Guthrie's finding, Lon-
don police said they don't anticipate
any immediate change in testing pro-
cedures. Staff Sergeant Steve Towner
said he doesn't expect procedures will
change and he disputed the con-
tamination possibility. "I do not agree
with there being a risk of contamina-
tion," said the officer in charge of the
breathaliser program.
Staff Sergeant Harold Pym of the
force's traffic division raised the
possibility that if 100 -millilitre test
bottles were available at little extra
expense, police might consider
changing.
He advised anyone in similar cir-
cumstances to get a lawyer to see if
the/ can take advantage of Guthrie's
finding.
"I think London has a real problem
with their control testing," he said,
adding that the OPP may be using
similar 500 -millilitre bottles of test
solution.
Peel said most Ontario police forces
obtain test bottles from the Centre of
Forensic Science in Toronto, which
uses the 500 -millilitre format.
Assistant Middlesex Crown At-
torney John Forrester said following
the verdict that he is unable to appeal
the case because Guthrie decided it
on a question of credibility and not on
a point of law.
Forrester said the decision is only
likely to affect others insimilar cases
JUNIOR MISS WINNERS— Crediton Junior Miss for 1986 Kelly Glavin was crowned Friday night by
last year's winner Susan Rotz. Next are runnersup Leslie Pfaff and Shannon Brennan.
GRADUATES - Mr. and Mrs.
Fred Dobbs Jr. are proud to an-
nounce the graduation of their
son, Fred 111 with an Honours
Biological Science degree
(Fisheries Biorogy Major) from
the University of Guelph on
Thursday, June 5, 1986. A board
of governors' award winner from
Matthews' Holl and Ontario
Scholar from Medway High
School, Fred plans to continue his
education in graduate studies.
All best wishes for future success
and our love from mom and dad.
sister Patricia, grandma and
grandpa. godparents and
relatives.
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