Archie's 1st Case — Drive Over 80 — Dismissed

Between
Her Majesty the Queen, and
Archie A.

[2002] O.J. No. 5417

Ontario Court of Justice
Toronto, Ontario
Judge Gonet

Acquitted: 16 December 2002
(3 paras.)

Charge:	Over 80, Criminal Code, s. 253(b)
Counsel:	Patrick Travers, Assistant Crown Attorney, Toronto Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 GONET J. (orally): The evidence before me is that the arresting officer made a demand from the back of his book. It was read to him. What the demand is — as stated by Mr. Penney — I do not know what the demand was. This is a documentary evidence case, that being a certificate of a qualified technician to be the evidence on behalf of the Crown as to the readings. I have to agree with Mr. Penney, and the certificate and the contents thereof will not be allowed.

¶ 2 The charge then will be marked dismissed.

¶ 3 Thank you.

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