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DUI Metrology Dictionary
Contradiction of the truth (defence)
Post Bill C-2 and C-46 it appears that the defence is no longer able to raise a reasonable doubt (or prove innocence) by establishing clear evidence that the individual had no alcohol in their system at any relevant time. Suppose we had video of the client during all relevant times leading up to the arrest, establishing no consumption of alcohol. Suppose we had video at all relevant times showing the client using diethyl ether (a known interferent on the 8000C) at work as a diesel mechanic but never drinking alcohol. There is no defence, on a plain reading of the new law, based on truth. A person with no alcohol in the blood can be convicted of this offence.
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