Our client was charged was charged with driving over the legal limit. His breath test results showed that his blood alcohol concentration was over two and a half times the legal limit. At trial, the breath technician testified that our client provided breath samples, the result of which were 220 mg per 100 ml of blood. At trial, we successfully argued that the Crown had not proven the our client was over the legal limit because the breath technician did not testify that the result was 220 mg of alcohol per 100 ml of blood so there was no evidence of what the 220 mg referred to. The charge against our client was dismissed.
