Breath test tossed in councillor's trial
Hay River's Keith Dohey back in court May 2
John McFadden
Northern News Services
Monday, April 10, 2017
SOMBA K'E/YELLOWKNIFE
A judge has ruled that a failed breathalyzer test can not be used as evidence by the prosecution in the impaired driving trial for Hay River Coun. Keith Dohey.
Territorial Court judge Christine Gagnon ruled the breath test inadmissible in Yellowknife on April 7.
That followed a constitutional challenge of the RCMP's actions on July 10, 2015 by Dohey's lawyer when the trial began in October.
The Crown has not yet decided whether it will still take the case to trial.
Gagnon ruled Mounties in Hay River violated Dohey's charter rights by not giving him what is known as a Prosper warning before administering the breath test.
She ruled police failed to inform Dohey he still had a right to legal advice even after a phone message had been left for a Hay River lawyer who did not return the call.
The defence and prosecution will be back in court in Hay River on May 2.
Dohey was charged with failing the breath test and impaired driving.
