Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mgs

Vancouver Criminal Lawyer: Joel Whysall
Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mgs

CRIMINAL DEFENCE CASE FACTS:
Accused pulled over by the Burnaby R.C.M.P. for swerving and sharply varying speeds. Police officer detected an odour of liquor, red watery eyes, and poor balance. Accused was arrested and transported to the police station where breath tests were taken showing a blood/alcohol concentration of three times the legal limit.

HELD: NOT GUILTY
The breath samples were inadmissible evidence because of a violation of the client’s right to counsel. The symptoms of impairment were insufficient to establish that the accused’s ability to operate a motor vehicle was impaired.

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