The defendant was charged with Impaired Driving and Over 80. The charges were dismissed after trial. The trial judge accepted my argument that the prosecutor had failed to prove that the arresting officer had reasonable and probable grounds to arrest the defendant and demand breath samples from him. I also convinced the trial judge that the breach was serious enough to justify the exclusion of the breath readings from evidence which resulted in the dismissal of the Over 80 charge. The trial judge also ruled that there was insufficient evidence to convict the defendant on the impaired driving charge.
