I need some assistance with these assignment. advanced criminalities Thank you in advance for the help!

I need some assistance with these assignment. advanced criminalities Thank you in advance for the help! Advanced Criminalities

Question 1

The various issues and assumptions that can render an opinion, include:

i) The test results were accurate. being that the process is subjective to the person conducting the measurements, certain errors in the measurement, for example, of weight, might not be correct. The test results, therefore, must be assumed to be correct so as to render an opinion.

ii) There are various consumable products, other than beer, which contain different percentage of alcohol in them. The type of drink, which the accused used, should be assumed to be beer. It is necessary to believe that the person only took beer since the court may not be too sure that the person only took beer, and that the beer is responsible for his state.

iii) The amount (percentage) of ethanol in beer varies depending on brands. The amount (percentage) of ethanol in the beer that the accused can be assumed to be a particular value so that everybody reads the same script given the difference in the percentages of ethanol in beer.

iv) The test results showed that the accused was not able to perform some physical activities like standing on one leg as well as walking. It is very wrong to say that the only thing, which can impair one from walking or standing on one leg, is alcohol. There are numerous factors that can make one unable to walk. Health status of a person a significant factor that can deter someone from walking or standing on one leg. The assumption, therefore, is that the accused was of good health.

Question 2

No. One cannot have such high percentage of alcohol in the blood with just four beer. The person must have consumed copious amounts of beer. The percentage of ethanol in the beer was 3.5%. This value is very low and, therefore, four beers cannot result in recording 0.17% blood alcohol level. The person may have consumed four beers as he claims, but might have also consumed other additional drinks, which may be responsible for the o.17% blood alcohol level. The range of maximum blood alcohol level at which one is allowed to operate a vehicle on a public road is in most states is 0.5- 0.8 for males and 0.25-0.7 for females. The blood alcohol concentration mostly depends on the gender, the period over which the alcohol was taken, the amount of food present in the stomach, the weight as well as the metabolism rate. However, it is always important to note that in as much as the BAC level of a person can be estimated, number of drinks, height and weight alone cannot help in determining the BAC. (Zernig, Salaria, Kurz, 2000. Pg. 420)

Question 3

Eight 4-ounce glasses of wine with approximately 12% alcohol content would be required to make the BAC level to be 0.17%. Technology nowadays is advanced such that it is possible for one to calculate and estimate his/her BAC level. Some software applications have been developed, and one is only required to key-in his/her information. then the program calculates and outputs the BAC level. Also, there are programs that can give some of the expected effects depending on the calculated blood alcohol concentration. These applications are found for free on the internet, and one can access them so as to know the number of bottles to take so as not to get into trouble. (Taylor, Oberman, 2006. Pg. 577)

Reference

Gerald Zernig, Alois Salaria, Martin Kurz, (2000). Handbook of Alcoholism. CRC Press.

Lawrence Taylor, Steven Oberman, (2006). Drunk Driving Defense. Aspen Publishers.