Accused client was charged with impaired driving and driving with a blood alcohol concentration over .08 mgs.

CRIMINAL DEFENCE CASE FACTS:

A motorist travelling eastbound on Highway 1 in Vancouver contacted the police to report a vehicle swerving between lanes.  The motorist followed the vehicle for approximately 15 miles until it exited the freeway in Coquitlam and he observed the police stop the vehicle.

HELD: NOT GUILTY

The breathalyzer readings were inadmissible in court because there was an unexplained delay of 5 minutes between the time the investigating officer formed his opinion that the accused client was impaired and when he made his breathalyzer demand.  The accused client was also acquitted on the Impaired Driving charge as the trial Judge accepted the accused client’s explanation that his bad driving was a result of inattentiveness to driving while checking his email on his blackberry.

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