A client charged with impaired driving is acquitted

A client of our firm was charged with operating his motor vehicle while impaired (Sec. 253 (1) a) of the Criminal Code). Our client had spent the night at a bar and said that he had consumed four beers. At around 2:30 in the morning, two police officers arrived at the scene since a fight had led to injuries. At that time, a police officer noticed that our client seemed to be inebriated.

At around 3:00 in the morning, our client decided to leave the establishment and the police officer who suspected that our client was impaired decided to intercept his vehicle. Our client was then arrested for operating his motor vehicle while impaired by alcohol.

Upon arriving at the police station, our client breathed into the breathalyzer twice, and the rates were 92mg/100mL and 80 mg/100mL. At the trial, we demonstrated that our client had no symptoms relating to alcohol and that he was in perfect condition to drive. The court accepted our client’s version and he was acquitted.