Lawyers for a St. John’s Mountie accused of impaired driving told provincial court on Wednesday that breath samples were improperly taken from the accused.
Breathalyzer tests given by Const. Jackie Remillard when she was stopped two years ago were not taken within the required amount of time, defence lawyer Graham Watton argued.
Crown attorney Wendy Zdebiak said time is not an issue.
Remillard, who was stationed at the RCMP headquarters in St. John’s, was on a leave of absence for personal reasons when an off-duty RNC officer came across her car stuck in a snow bank at about 5 a.m. on March 4, 2006.
Breath tests showed Remillard was over the legal limit for alcohol in the bloodstream.
Remillard has type 1 diabetes, and struggles with bulimia, RCMP said.
She is currently on paid leave from the RCMP.
An internal RCMP disciplinary investigation is on hold pending the outcome of the criminal trial.
Judge Gregory Brown is expected to issue a verdict Thursday morning.
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