A provincial court judge has decided that a breathalyzer test given to an off-duty Edmonton police officer violated his rights.
Douglas Kurtis Brown faced five counts of dangerous driving, five counts of impaired driving and one count of blowing over the legal limit following a crash last spring that seriously hurt a teenage driver.
But Judge Michael Allen threw out the impaired driving-related charges Thursday, saying the rookie police officer who was investigating the crash didn't take proper and complete notes. Nor did he file a report that would have supported reasonable grounds for conducting a breathalyzer, the judge said.
The only charges Brown now faces are four counts of dangerous driving. The Crown had one of the dangerous driving charges dismissed.
Brown allegedly sped through a red light at the intersection of 66 Street and Whitemud Drive around 2:15 a.m. May 11, 2008, and plowed into a pickup truck with four people inside.
The three passengers scrambled out, but the 18-year-old driver was seriously injured after he was trapped inside the burning truck and rescued by others at the scene.
At the time, the Edmonton police force suspended Brown without pay. He has since resigned from the force.