Acquittal for Over 80 Breath Test Charges

Posted in Criminal Driving Cases, Impaired Driving

The police received a call regarding a severely damaged vehicle located at the side of a quite stretch of highway, partially in a live lane.  When police arrive, they found D.B alone in the vehicle and fast asleep in the passenger seat.  The police could see that my client was obviously intoxicated and arrested him for Impaired Care or Control.  He was taken to the police station where he was charged with Over 80 as well after blowing well over the legal limit. At trial I successfully argued that the Crown had not proven beyond a reasonable doubt that my client was in care or control of the vehicle and he was acquitted.