During this case it was determined by both the Crown and defence that there were problems with the evidence in this case. After all, the results of a breathalyzer only prove what a person’s B.A.C. is in the police station (not at the time of driving). The breath results only prove the level of intoxication while driving if rules are strictly followed.
In order to fix these problems, the prosecution had a toxicologist from the Centre for Forensic Science prepare a report that would have demonstrated that the client’s alcohol level was above the legal limit.
When the report came back, it concluded that scientifically, Clement’s Blood Alcohol Content would have been somewhere between .08 and .115 at the time of driving.
As a result of this report, the Crown prosecutor offered Mr. Anber that his client could plead guilty to a lesser offence, that being a Careless Driving charge.
In response, Mr. Anber wrote to the Crown pointing out that it was possible that the BAC of his client was exactly “80” which means he could not be found guilty of “over 80”. The letter went on to say:
“Accordingly, I do not think my client should have to plead guilty to anything.”
After some consideration, the Crown agreed and withdrew the charges.
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