Yukon judge tosses drunk driving charge over 30 minute tow truck wait
Judge says arresting officer should not have waited for tow truck to collect accused's vehicle
A Yukon man is off the hook on a drunk driving charge, because his arresting officer waited too long for a tow truck that never showed up.
Yukon Territorial Court judge Peter Chisholm has dismissed the impaired driving charge against Michael Bramadat-Willcock, saying there was too long a delay before the man was given a breathalyzer test.
A written judgment says Bramadat-Willcock was pulled over in downtown Whitehorse around 3 a.m. on Oct. 1, 2016, for driving with his headlights off.
After failing a test from a roadside screening device, he was arrested to be taken to the detachment nearby for a breathalyzer test.
The arresting officer decided to wait for a tow truck to collect the driver's vehicle, but gave up after 30 minutes and took Bramadat-Willcock to the detachment.
By the time Bramadat-Willcock spoke with a lawyer and was given a breathalyzer test, it was 4:28 a.m. A second breathalyzer test was then given about 20 minutes later.
Judge says no reason to wait for tow truck
Chisholm's judgment does not mention the results of those tests. But Bramadat-Willcock was charged with driving a vehicle while his blood alcohol level exceeded the legal limit.
Bramadat-Willcock challenged the charge on the basis he was not tested "as soon as practicable."
Chisholm agreed that the tests have to be done as soon as possible after the alleged offence. He said the 30 minute delay while the officer waited in vain for a tow truck was unnecessary.
He says the vehicle was locked and safely parked on a side street.