Client charged with impaired driving and driving while over .08 – Circumstances involved a car accident in which the vehicle involved turned left the wrong way down a one way street.
Held: Acquitted Breath certificate ruled inadmissible.
Client spanish speaking and had required an interpretor to be provided with his Charter rights and read the breath demand. When serving the Certificate of Analysis and Notice of Intention to produce the certificate at trial, the police did not use an interpretor. In the circumstances of this case, it was held that this was not sufficient service. Client ultimately acquitted of both charges as identity not proven. Firefighters had seen the vehicle turn and get in the accident. By the time the firefighters had arrived on scene client standing outside the vehicle, on the driver’s side. No witness could put client in the driver seat nor say if there was more than one person in the vehicle before the accident. No witness could testify that client admitted being the driver.