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OTTAWA – The supreme Court of Canada ruled on Wednesday, a notary in quebec, which has refused to pass a breathalyzer because she was in a state of intoxication that are too advanced.
Kathleen Blanchard, a woman from the region of Drummondville, in the Centre-du-Québec, had been found guilty by the Court of appeal, in July last, not having provided a breath sample after being involved in a car accident.
On Wednesday, the supreme Court has however confirmed the acquittal, which had been granted in the first instance to Ms. Blanchard.
The defence alleged that the intoxication level of “extreme” of the notary had compromised his judgment.
Ms. Blanchard had been charged in 2013 to refuse to obey the orders of a police officer, but there had been no charge of driving while impaired.
The notary would have drank on that day 13 beers and a bottle of wine. On the scene of the accident, the police had found the poisoning an advanced of the accused, who said she was herself an alcoholic.
Ms. Blanchard had been first paid in 2016. The trial judge considered that the accused had acted with “automation” in its refusal because she was not able to understand what she was doing.
A specialist had assessed that she was to have 400 mg of alcohol per 100 ml of blood at the time of his arrest.