Client arrested due to irregular driving and a failed road side breath test. Taken to the police station where he admits excessive alcohol consumption and provides two breath readings which are twice the legal limit. Charged with impaired driving and over 80.
Case dismissed. Judge accepts that insofar as the police needed to rely on the investigative use of the approved screening device there were no reasonable probable grounds to arrest at the scene for impaired driving and therefore the charge laid cannot be proven to necessary standard of proof beyond a reasonable doubt. In relation to the over 80 count, the judge excludes the readings based on the defence argument that the Crown could not prove a “clear and unequivocal” waiver of the right to counsel because of the arresting officer’s poor note taking and the unexplained failure of the Crown to provide the full video record requested of all the accused’s activities at the police station on the night of his arrest.