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Client acquitted of Impaired Driving an Over 80 at trial in the Ontario Court of Justice. Due to a delay of 47 minutes between the taking of the breath samples, defence lawyer Joseph Neuberger successfully argued that the unexplained delay was sufficiently unreasonable sufficient as to deprive the Crown from relying upon the presumption of identity. As such the client was found not guilty of the Over 80. Joseph Neuberger then successfully argued that on the remainder of the evidence, the indicia of impairment was so frail and undermined by contradictory evidence of the breath technician, that the Court could not convict of impaired driving. Accordingly the client was found not guilty of the impaired driving charge as well.
