Vancouver Criminal Lawyer: Cathryn Waker
The Facts: There was a complaint about a possible impaired driver. The officer’s stopped the driver after they witnessed the vehicle swerve in the lane. An odour of alcohol was detected on the breath of the driver, but the driver denied consuming any alcohol. The officer made a demand for a breath sample. The driver blew two “Fail” readings. The devices were calibrated properly and were not expired. The driver was issued a 90 Day Immediate Roadside Prohibition.
Argument: The driver’s sworn evidence was that he consumed a modest amount of alcohol a number of hours prior to being stopped. The sworn evidence, the Expert Report and the documented symptoms in the officer’s report all supported that the driver had a blood alcohol content below 80 mg% at the time of driving.
Result: “The results of the Approved Screening Device are unreliable.”
The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.