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Charges of Impaired Driving and Over 80 withdrawn in the Ontario Court of Justice prior to trial. The client was found at the ramp of a highway with two blown tires and damage to the side of the car. The police investigated and demanded samples of the client’s breath. The client gave readings of 106 mg and 98mg. Defence lawyer Joseph Neuberger sought a copy of the in-car video recording of the interaction at the roadside. The recording showed a conflict in evidence between the two officers, such that one did not notice any odour of alcohol and the second “smelled something” but was unsure whether they should make the demand under section 254(2) of the Criminal Code. As a result, defence lawyer Joseph Neuberger argued that there was no reasonable suspicion to demand a breath sample and the readings ought to be excluded. The Crown agreed and the charges were withdrawn.
