Amendments to Drunk Driving Legislation Deemed Unconstitutional

Recently, the Ontario court concluded that federal legislation regarding drunk driving violates the Charter of Rights and Freedoms. In its amendments in 2008, the legislation eliminated the ability of people accused of drunk driving to challenge breathalyzer readings. Defence lawyers are only allowed to prove the device malfunctioned or operated improperly.

Justice Guy DeMarco concluded that the legislation violates the principles of fundamental justice.  For more information, please see: