But that is in the USA, with a bill of rights; that the founders did not
believe were necessary, because they were "obvious"
Not so in any other country. Canada, for all its good things, was a
Brit colony until pretty recently. It still has the vestiges of the
"crown" court.
Max Dillon via Mercedes wrote on 7/16/19 1:02 PM:
A lawyer friend defended a similar case, driver crashed car, was on scene and
wondering around for about thirty minutes. Deputy arrived, noted smell of
alcohol, driver failed the field sobriety test and breathalyzer.
At court, deputy testified that he did not see driver operating the car, did
not observe when the drinking occurred. Driver was not advised of Miranda
rights, so any confession was not admissible under the fifth amendment.
Government could not prove when the alcohol was consumed, and adequate time has
passed between crash and arrival of deputy that driver could have become
impaired after the crash. Not guilty.
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