The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The judge accepted my argument that the evidence led regarding impairment was insufficient to prove the allegation beyond a reasonable doubt. The judge also accepted both arguments I made regarding the Over 80 charge. Specifically, the judge agreed that the prosecutor had failed to lead evidence that the breath tests were taken in a timely fashion. She also agreed that the officer who did the breathalzyer test erred in his testimony regarding what readings were actually conveyed by the breathalyzer. In other words, the judge found that there was reasonable doubt based on the officer’s evidence as to whether the defendant’s breath readings were, in fact, above the legal limit. As a result, both charges were marked as dismissed.
