Client charged with over 80 after police officer apprehends him after witnessing some unusual mid day driving. Officer detects odour of alcohol on driver’s breath and demands a roadside breath sample. Client registers a fail on that device and is arrested and taken to the police station where he registers a blood alcohol reading of nearly three times the legal limit. Client charged with over 80.

Case dismissed. Defence application to stay the proceedings granted based on Crown’s unexplained delay in providing full video disclosure.