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Charges of refuse breath sample and impaired driving dismissed at trial in the Ontario Court of Justice. After detailed and thorough cross-examination, the trial judge concluded that both officers were inconsistent and that there was a lack of evidence on the impaired driving charge. In addition, the trial judge concluded that based upon the evidence of the client and a defence witness, there was no refusal based upon erroneous advise of a friend who was a corporate lawyer. Accordingly, client found not guilty of the charges.
