Yukon judge tosses drunk driving charge over 30 minute tow truck wait

A Yukon man is off the hook on a drunk driving charge, because his arresting officer waited too long for a tow truck that never showed up.

Yukon Territorial Court judge Peter Chisholm has dismissed theimpaired driving charge against Michael Bramadat-Willcock, saying there was too long a delaybefore the man was given a breathalyzer test.

A written judgment says Bramadat-Willcock was pulled overin downtown Whitehorse around 3 a.m. onOct. 1, 2016, for driving with his headlights off.

After failing a test from a roadside screening device, hewas arrested to be taken to the detachment nearby for a breathalyzer test.

The arresting officer decided to wait for a tow truck to collect the driver's vehicle, but gave up after 30 minutes and took Bramadat-Willcock to the detachment.

By the time Bramadat-Willcock spoke with a lawyer and was given a breathalyzer test, it was 4:28 a.m.A second breathalyzer test was then given about 20 minutes later.

Judge says no reason to wait for tow truck

Chisholm's judgment does not mention the results of those tests.But Bramadat-Willcockwas charged with driving a vehicle while his blood alcohol level exceeded the legal limit.

Bramadat-Willcock challenged the charge on the basis he was not tested "as soon as practicable."

Chisholmagreed that the tests have to be done as soon as possible after the alleged offence. He said the 30 minute delay while the officer waited in vain for a tow truck was unnecessary.

He saysthe vehicle was locked and safely parked on a side street.