The defendant was charged with Impaired Driving, Over 80 and the Highway Traffic Act offence of Driving while Suspended. All charges were dismissed. The Over 80 charge was dismissed as the prosecutor failed to lead evidence of a lawful breath demand having been made to the defendant. The Impaired Driving count was dismissed as the judge was left with a reasonable doubt as to whether all the evidence of the police established that the defendant was, in fact, impaired while driving. The Drive while Suspended charge was dismissed as the proseuctor could not prove that the defendant had knowledge that he was suspended at the time of driving, a necessary prerequisite to the charge.
