The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The judge dismissed the Over 80 charge as he found there was no evidence that the officer had made a lawful breath demand to the defendant upon his arrest. The judge dismissed the Impaired Driving charge as he found that while there was some evidence supporting the Crown’s position that the defendant was impaired at the time of driving, there was other evidence that would suggest the opposite. As a result, the judge found that he had a reasonable doubt and dismissed this charge as well.