The accused was pulled over by the police on a seatbelt violation.

Vancouver Criminal Lawyer:  Brian E. Mickelson
The accused was pulled over by the police on a seatbelt violation. The officer made an Approved Screening Device demand. The police officer waited five minutes to take the roadside sample.

CRIMINAL DEFENCE CASE FACTS:
Accused pulled over by the West Vancouver police for swerving over the center line, odour of liquor, failed a roadside breath test. Arrested and transported to the police station where breath tests were made showing a blood/alcohol concentration of 180 mgs in 100 ml of blood.

HELD: NOT GUILTY
The police officer did not conduct the Roadside Breathalyzer test forthwith; therefore, he could not rely on the “fail” result on the roadside screening device. Accordingly, without the result of that test, he had no grounds upon which to base the Breathalyzer demand and the Breathalyzer results were therefore ruled inadmissible.

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