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The Rise and Fall of Evidence to the Contrary: A Brief History

Introduction Although charges of impaired/over 80 have decreased in the past two decades, these driving offences currently constitute 12% of all cases on the dockets of lower courts. With approximately 15,000 impaired/over 80 cases being heard every year in the low courts, these offences represent the largest category of offence currently being tried in this court. Parliament first introduced the offence of "driving while intoxicated" in 1921 but it was not until the late 1950's that law enforcement officials began to use breath testing devices as an evidentiary tool for the prosecution of impaired driving. Provision of breath samples were…

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