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Client found not guilty of Over 80, readings of 106 and 98 mgs after two day trial. Defence lawyer Joseph Neuberger was able to establish that the readings were outside of the two hour time period that would allow the Crown to rely upon the statutory presumption. As such, Joseph Neuberger ran an evidence to the contrary defence and as part of the defence, he subpoenaed the general manager of the restaurant where S.L. had dinner in order to establish the drinking pattern and that a “double” means two ounces. The court accepted the evidence of S.L. and the other defence witnesses in finding S.L. not guilty.
