'Reasonable doubt' about tests: judge
By DEAN PRITCHARD, SUN MEDIA
A judge has dismissed drunk driving charges against a Winnipeg cop, ruling
discrepancies in the breathalyzer readings raised a reasonable doubt as to his
intoxication.
Const. Dean Lambert, 34, was charged with impaired driving and driving over.
08 after being pulled over by Selkirk RCMP on Main Street near the Perimeter
Highway in April 2006.
Judge Ted Lismer dismissed the driving over .08 charge at a hearing last
month. The Crown dropped the impaired driving charge at Lambert's trial last
November.
At trial, court heard evidence of inconsistencies between the times noted by
police who administered Lambert's breathalyzer tests and the times registered
on the machine itself.
A blood alcohol expert also raised questions about Lambert's blood-alcohol
readings, estimated to be as high as .160 -- double the legal limit for driving
-- at the time of his arrest.
If the readings were accurate, Lambert should have exhibited much more
pronounced signs of intoxication, said Dr. Arthur Kraut.
"I find that the evidence to the contrary tends to show that the
concentration of alcohol in the blood of the accused at the time the events
were alleged to have been committed did not exceed" the legal limit,
Lismer ruled.
"The testimony of expert Kraus and all the evidence point to the
contrary, which raises a reasonable doubt as to the accuracy of the analyses
made."
Lambert testified he drank four light beers and four rum and cokes over the
course of eight hours while at a "transfer" party prior to his
arrest.
One of the Mounties who pulled Lambert over said he "exhibited slurred
speech and asked police to let him go as he was only 10 minutes from
home." The officer said Lambert produced his badge and said he was
"on the same team."
A second officer said Lambert had no difficulty walking and appeared steady
on his feet.
Following his arrest, Lambert was placed on administrative leave. A police
spokesman did not confirm his present job status.
the winnipeg sandbox