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:
Accused found by police at 1:00 a.m. asleep at the wheel at an intersection, with the vehicle running and in gear. Arrested and transported to the police station where breath tests were made showing a blood/alcohol concentration of 200 mgs in 100 ml of blood.

HELD: NOT GUILTY
The breath samples are inadmissible evidence because the officer did not make a proper demand for the samples. Symptoms of impairment observed are consistent with a person suffering fatigue.

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