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Client found not guilty of Over 80 after a two day trial in Newmarket Ontario Court of Justice. Mr. L had been out with a friend at a Karaoke bar. Prior to leaving he and his friend consumed a certain quantity of alcohol and when he left he was stopped by police for speeding. During the roadside investigation he was given a breath test and failed. He was arrested and then charged with Over 80. Defence lawyer Joseph Neuberger was retained. Joseph Neuberger interviewed the client and two defence witnesses. Based upon information about his drinking pattern, it appeared that at the time of driving Mr. L. could have in fact been under the legal limit and thus have a defence of “bolus drinking”. Joseph Neuberger hired a defence toxicologist and conducted a trial based upon a highly technical defence based on a drinking pattern and the science of rates of absorption and elimination of alcohol. After a two day trial, Mr. L was found not guilty of the charge. For more read the judgment click here.
