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The Queen v. Lucie A. (Mississauga)

Lucie was involved in a single car accident in heavy rain, when she lost control of her car and ended up at the bottom of an embankment. She found her way to a nearby home and emergency personnel were called. She admitted to drinking that night and police administered a breath test. She blew over the limit and was charged with “over 80” and impaired driving. At trial, the Crown could not establish the time of the accident, and as a result, the breath samples were excluded from evidence (unless the Crown can narrow the time of driving to within two hours, they must call a forensic toxicologist to testify as an expert witness; they failed to do so.) Because of this, Lucie was found Not Guilty.

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