What is the test for a driver who failed two breath tests for failing to show up to .08?
British Columbia, Canada
The following excerpt is from Copeman v. British Columbia (Superintendent of Motor Vehicles), 2007 BCSC 893 (CanLII):
The petitioner argues that this is so wrong in approach to a fundamental issue that it is patently unreasonable, and that the adjudicator failed to take into account relevant evidence on that crucial issue by failing to take into account that one of the two breath tests did not exceed .08, which is itself patently unreasonable, citing Martin v. Canada (Attorney General), [2005] F.C.A. 156.
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