The accused, P., was charged with care and control over 80, and impaired care and control. He was found sleeping in his motor vehicle with the engine running. He was searched upon arrest. A half-full bottle of liquor was found in his jacket pocket. He provided samples of his breath into an intoxilyzer. His breath readings were 141 mg%, almost twice the legal limit. Mr. Kostman successfully defended the case, arguing that the investigating officer lacked reasonable and probable grounds to request a breath sample. The breath readings were excluded as evidence.
Case Summary
R. v. P.
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