The defendant was charged with Impaired Driving and Over 80.  Both charges were dismissed after a trial.  The Over 80 charge was dismissed as the prosecutor conceded partway through the trial that the defendant’s right to counsel had been infringed and that the infringement was serious enough to justify an exclusion of the breath readings. The Impaired Driving charge was dismissed as the trial judge ruled that the Crown’s evidence was not strong enough to constitute proof beyond a reasonable doubt which is the standard the Crown must meet in order to obtain a conviction.