Ottawa police lose drunk driving case because of weight

An Ontario court has upheld a judge's decision to acquit a woman of a drunk driving-related charge because Ottawa police weighed her after taking breath samples at a station.

In January of 2012 Ottawa officers stopped Kimberley McLachlan for driving erratically.

She ultimately registered a breathalyzer reading of twice the legal limit.

But because the test was taken more than two hours after she was stopped, police demanded she step on a weigh scale to allow experts to determine the level of impairment when she was behind the wheel.

Both the lower court and the Superior Court ruled that the demand for her weight violated her constitutional right to privacy, therefore, the test results would have to be thrown out.

While a toxicologist may have needed McLachlan's weight to determine her past impairment level, the law does not currently indicate that police are allowed to ask someone to step on a scale or verbally provide their weight.