Client Acquitted in Impaired Driving Case

The client was charged with impaired operation of a conveyance, and having a blood-alcohol concentration above the legal limit within two hours of operating a conveyance. At trial, Mr. MacDonald advanced the defence that the police had violated his client's rights under the Charter of Rights and Freedoms in numerous ways, soon after they arrived on the scene of the accident. Mr. MacDonald's cross-examination of the primary investigating police officer aptly established this, but the trial was cut short after Mr. MacDonald explained that the prosecution had closed its case without ever tendering any evidence capable of proving that the client had ever operated one of the vehicles that had been involved in the apparent accident. The trial judge appropriately dismissed the charges.