R. v. B.F.

(Lethbridge, P.C.). Client was accused of impaired driving and operating a motor vehicle with a blood-alcohol concentration exceeding the legal limit.  A judicial stay of proceedings was entered at trial as a result of the Police failure to disclose the maintenance records in relation to the Intoxilyzer 5000C.  BF's case involved the application of the short lived Kilpatrick defence.  In short, the Kilpatrick defence revolved around the production of Intoxilyzer maintenance records.  David Chow is a Calgary impaired driving lawyer who was quite surprised about the Crown's resistance to disclosing this material. In this case, however, the Lethbridge Prosecutor was not resistant; rather, she was of the opinion that the material was discloseable because the defence should have had the opportunity to challenge the reliability of results. For a free DUI consultation with a Lethbridge DUI lawyer, call 403.452.8018.