Client was in a car accident after leaving a party. Police observed him hit a pole, he was arrested at the scene and provided 2 breath samples which were nearly twice the legal limit. Charged with impaired driving and “over 80”.
Following a four day trial client was acquitted on both counts. The breath readings were excluded due to a breach of his constitutional right to retain and instruct counsel (re denial of contacting counsel through 3rd party). The impaired driving charge dismissed due to conflicting evidence of accused’s demeanour at the scene combined with the possibility that the accident my have occurred due to the weather.