The defendant was charged with Over 80. The charge was dismissed by the trial judge at the end of the trial. In an unusual fact situation, the trial judge found that the prosecution had not proven that the certificate of the breath readings had been prepared exclusively by the breathalyzer technician as some uninitialed amendments had been made to the certificate and not accounted for in the evidence. this is a good example of a case where a very technical issue can often carry the day for the defence.
