Client charged with Impaired Driving and Driving Over .08
A motorist travelling eastbound on Highway 1 in Vancouver contacted the police to report a vehicle swerving between lanes. The motorist followed the vehicle for approximately 15 miles until it exited the freeway in Coquitlam and he observed the police stop the vehicle.
The accused was found not guilty on both charges. The breathalyzer readings were inadmissible because there was an unexplained delay of 5 minutes between the time the investigating officer formed his opinion that the accused was impaired and when he made his breathalyzer demand. The accused was also acquitted on the Impaired Driving charge as the trial Judge accepted the explanation that his bad driving was a result of inattentiveness to driving while checking his email on his Blackberry.