Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mgs.
Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mgs.
CRIMINAL DEFENCE CASE FACTS:
Richmond RCMP pull over client after a witness reports him driving drunk. The police officer has client blow into a roadside screening device, resulting in a “fail” reading. Client arrested and provides two more breath samples at the station, both well in excess of the legal limit.
HELD: NOT GUILTY
The position of the defence is correct. The police are not permitted to ask a person to blow into a roadside screening device unless the officer has an objectively reasonable suspicion that the person has alcohol in their body. Symptoms of impairment ruled insufficient to ground the allegation of impaired driving, therefore the client is acquitted on both counts.
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