Our client was charged with operating a motor vehicle with a blood alcohol concentration exceeding .08 mg%. D.S. had driven to a gas station in order to purchase cigarettes. The clerk noticed that he was staggering and smelled of alcohol. A good Samaritan insisted that our client not drive and drove him home. A short time later, the client returned in a cab to retrieve his vehicle. Police intervened and arrested the driver. At the police station, our client provided breath samples that were more than 3 times the legal limit (240 mg/%). D.S. was a professional without a criminal record. His employment depended upon him not being convicted of this offence. Not guilty pleas were entered and the file was set down for trial. At a pre-trial conference counsel advocated that an essential piece of evidence was lacking with respect to all charges. Crown counsel agreed and the charges were withdrawn in advance of trial.