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Beware of media, say lawyers after televised recording of breath test leads to acquittal

Tuesday, September 05, 2017 @ 8:42 AM | By Terry Davidson

Lawyers say defence counsel and their clients must always be aware of those watching and listening following the acquittal of a driver who had his failed roadside breath test and legal consultation recorded by a TV news station.

It was on Aug. 24 that Justice David Rose, in R. v. Gautam 2017 ONCJ 577, acquitted Kunal Gautam of driving over the legal limit after he found that his constitutional rights were violated at a York Regional Police spot check after Global News recorded his breath test...