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

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

CRIMINAL DEFENCE CASE FACTS:
Accused operating a tractor trailer was involved in an accident at an intersection in New Westminster. Police were called to the scene. The investigating officer noted an odour of liquor coming from the driver. The driver performed sobriety tests and answered questions at the request of the investigating police officer.

HELD: NOT GUILTY
The evidence of the sobriety tests and the statements made by the accused to the police were ruled as inadmissible evidence. The tests and conversations were important aspects of the investigation. The police officer was gathering evidence of a self-incriminating nature and was required to halt his investigation until he had satisfied himself that the accused did not want to contact legal counsel.

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