The defendant was charged with Over 80. The charge was dismissed after a trial. I was able to convince the trial judge that the Crown’s case was lacking in two respects. First, the Crown had not proven that the breath tests were taken “as soon as is practicable”, a requirement in the Criminal Code. Second, I was able to convince the trial judge that there was insufficient evidence that paperwork that was required to be served on the defendant prior to trial was actually served.
