Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mg following a single-vehicle accident.

Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mg following a single-vehicle accident.

CRIMINAL DEFENCE CASE FACTS:
Vancouver police attend following a single-car collision. A witness on scene told the police that the client had gone through a red light at a high rate of speed and struck a cement barrier. The witness smelled alcohol on the client’s breath. When the police officer asked the client questions about his drinking, he also asked if he was the driver of the vehicle involved in the accident.

HELD: NOT GUILTY
The officer asked the client if he was the driver because he did not have reasonable and probable grounds to believe that client was the driver based on what the witness told him. The statement that he was the driver was inadmissible as it was made before the officer made the demand and advised him of his rights. The statement was inadmissible as it violated the client’s right against self incrimination.

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