This was a recent win that I had in an impaired driving case. This was a very interesting case, because my client – first of all – was swerving a little bit on the roadway, and when the police pulled him over they obviously thought ‘maybe this is an impaired driver’.
What happened was they smelled an odour of alcohol on his breath, and he had red and glassy eyes, and they asked him to step out of the vehicle. And when he stepped out of the vehicle, he was demonstrating a balance problem, including his walking. Now, he was a middle-aged gentlemen, so they didn’t put it down to old age.
But what happened is that at the trial, we were able to show that he had a pre-existing balance problem with his knees and walking. And he always walked that way. He also had a cold on the particular day, which caused red and glassy eyes.
So what were they left with on that day? They were left with swerving – which doesn’t necessarily mean impaired driving, and the odour of alcohol on his breath. So we were able to get this case won in terms of impaired driving. We created a reasonable doubt. And my client was very happy and we had a good day in court.
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