The B.C. Supreme Court has thrown out a Motor Vehicle Act conviction against a Novice driver who was accused of drinking before getting behind the wheel.
The landmark decision comes almost two years after Khalid Almardy was first stopped by police in downtown Victoria in October 2017. An officer ran his plate, saw Almardy was a Novice and pulled him over after seeing there were four people in the vehicle.
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“He wouldn’t have needed to Charter him just for the breathalyzer, but when it came to court in order to rely on that sample he provided, he would have had to,” explained Brandon Moscoe of Acumen Law.
“There really was no evidence of any alcohol in his body beyond what the officer may have smelled.”
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