Client detained for an impaired driving investigation. Provided a breath sample in a roadside screening device and failed. Arrested for impaired driving and ultimately provided two breath samples over .08. On date of trial defence counsel pointed out that the breath samples were not taken within the required two hours from the time of driving. The Crown could therefore not rely on the statutory presumption that the breath readings were indicative of blood alcohol level at the time of driving. The Crown did not have an expert to extrapolate the readings back to the time of driving. Charges were withdrawn.
July 3, 2013