Charge Withdrawn -- Driving with BAC Over 0.08 ("Over 80")
The client faced a charge of driving with a blood alcohol concentration of over 80 mgs of alcohol in 100 ml of blood. The Crown sought to prove the case by way of the breath sample results which were obtained through the use of the Intoxilyzer 8000C. This new breath testing machine has recently replaced the Intoxilyzer 5000C and is heralded by many (beginning with its American manufacturer, of course) as infallible. Nonetheless, Tyler MacDonald reviewed the Crown's case and found numerous problems with how the police investigation had taken place, and fallibilities in the breath testing procedure which called into question whether the results accurately reflected the client's blood alcohol concentration at the time of driving. After several meetings with the prosecution, the Crown agreed to withdraw the charge, and the case was won without going to trial.