Quote:
Originally Posted by jolinar of malkshor
The New Brunswick Supreme Court ruled that in this case the Appeal court judge exceeded her authority when she determined that one of the police purposes was to obtain evidence against the accused.
The Crown's appeal was allowed and Fowler's conviction restored.
R. v. Fowler 2006 NCBA 90
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Justice!!!
FYI... Impaired driving is composed of 2 charges... impaired driving based on indictia of impairment AND impaired driving over .08. One will only be found guilty of one or the other, not both... thus, the stay.