Vancouver Criminal Lawyer: Brian E. Mickelson

The Facts: The Richmond RCMP pulled over the accused after a witness reported a drunk driver. The police officer took a sample of the accused into an approved screening device, resulting in a “fail” reading. The accused was arrested and provided two more breath samples at the police station, both well in excess of the legal limit.

Argument: The officer lacked objectively reasonable suspicion that the accused had alcohol in their body. The breath demand was invalid and not pursuant to the criminal code and the evidence must be excluded.

Result:  The accused was found not guilty on both counts. The police are not permitted to ask a person to blow into a roadside screening device unless the officer has an objectively reasonable suspicion that the person has alcohol in their body. Symptoms of impairment ruled insufficient to ground the allegation of impaired driving.