Accused client charged with impaired driving, driving with a blood/alcohol concentration over 80 milligrams, and hit and run.

Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with impaired driving, driving with a blood/alcohol concentration over 80 milligrams, and hit and run.

CRIMINAL DEFENCE CASE FACTS:
Ruling on evidentiary motion whether the demand made by the police officer of the accused for a breath sample met the requirements of the Criminal Code of Canada. The accused was detained for between 8 and 11 minutes before being given an Approved Screening Device demand.

HELD: EVIDENCE EXCLUDED – NOT GUILTY OF DRIVING WITH A BLOOD ALCOHOL LEVEL OVER 80 MILLIGRAMS
The detention of the accused for a period of 8 to 11 minutes before the demand was made was contrary to the accused’s rights under the Charter of Rights. The certificate of analysis in this case was excluded

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