Client charged with Impaired Driving and Driving Over .08

The accused was pulled over by the Burnaby RCMP 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.

Found not guilty. The breath samples were inadmissible evidence because of a violation of the accused’s right to counsel. The symptoms of impairment were insufficient to establish that the accused’s ability to operate a motor vehicle was impaired.