The defendant was charged with Impaired Driving, Over 80 and Public Mischief. All charges were dismissed after trial. the trial judge ruled that the breathalzyer readings ought to be excluded from evidence based on several infringements of the defendant’s constitutional rights including his right to counsel and his right to be free from unreasonable search or seizure. the trial judge went on to rule that the evidence led at trial was insufficient to prove beyond a reasonable doubt that the defendant was Impaired at the time of driving. Finally, the judge ruled that the Crown had not proven that the defendant was guilty of the Public Mischief charge and that count was dismissed as well.
