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Approved instrument : ウィキペディア英語版
Approved instrument
Approved instrument is a term used by the Canadian Criminal Code to describe an instrument that a police officer can use to measure a motorist's blood alcohol content, for use as evidence in court to argue that the motorist has committed the drunk driving criminal offence of driving "over 80".
The Criminal Code gives the police the power to make a demand for a breath sample to be measured in an "approved instrument" (such as a breathalyzer), if the police officer has reasonable grounds to believe the motorist has committed either of the offences of impaired driving or driving with a blood alcohol content of greater than "eighty milligrams of alcohol in one hundred millilitres of blood," colloquially referred to as "over 80" or ".08" (i.e. "point-zero-eight"). The evidence of blood alcohol content measured by the approved instrument is admissible in court to prove that the motorist was driving with a blood alcohol content greater than .08.
It is an offence under the Criminal Code to refuse to provide a breath sample when the police have made the demand.
==Criminal offence of driving "over 80" ==

Canada's criminal law creates two offences of drunk driving: driving while impaired by alcohol or a drug, and driving with a blood alcohol content greater than "eighty milligrams of alcohol in one hundred millilitres of blood," colloquially referred to as "over 80" or ".08" (i.e. "point-zero-eight").〔(''Criminal Code'', RSC 1985, c C-46, s 253(1). )〕
To gather evidence for the .08 offence, the Criminal Code provides for roadside screening, using an approved screening device. If the motorist blows a "fail" on the approved screening device at roadside, the police officer then has grounds to believe that motorist has committed the offence of driving with a blood alcohol content greater than .08, and can make a demand for an additional breath sample, to be tested on an "approved instrument", such as a breathalyzer. The police officer can require the motorist to come to a police detachment to undergo the test.〔(''Criminal Code'', RSC 1985, c C-46, s 254(3). )〕
As an alternative to the roadside screening tests, the police officer can also form the opinion that a motorist has committed the offences of impaired driving or the .08 offence by observing the motorist while driving, or by requiring the motorist to perform physical coordination tests at the roadside.〔(''Criminal Code'', RSC 1985, c C-46, s 254(2)(a). )〕 These observations can be used as the basis for a demand for a breath sample for testing in the approved instrument.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Approved instrument」の詳細全文を読む



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