Prosecutors have lost some crucial evidence in the drunk driving case against a Hay River town councillor.
On Friday, a territorial court judge threw out the breathalyzer results.
Keith Dohey was arrested for impaired driving in the summer of 2015. His defence lawyer argued he hadn't been given adequate access to a lawyer that night.
Dohey tried to call a lawyer at about 3 a.m., but there was no answer. When police asked if he'd like to try another lawyer, Dohey didn't take them up on the offer.
In court, Dohey argued that police failed to warn him that meant he was giving up his right to a lawyer.
The judge agreed.
Now prosecutors have to decide whether they have enough evidence to continue their trial without the breathalyzer results.
It's set to resume May 2 in Hay River.
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