Natsis's lawyer wants breathalyzer evidence thrown out

Defence lawyers for a Pembroke dentist accused of impaired driving causing death argued in court Monday breath samples taken on the night of the crash should not be considered as evidence.

Christy Natsis is charged with impaired driving causing death, dangerous driving causing death and exceeding the legal blood-alcohol limitin the March 2011 crash on Highway 17that killed 50-year-old Bryan Casey of Ottawa.

Her trial resumed Monday after a three-month break.

Defence lawyer Michael Edelson argued in court the Ontario Provincial Police officer who arrested Natsis did not have reasonable or probable grounds to do so.

Edleson said Const. Ryan Besner did not consult with other officers at the scene of the collision before arresting Natsis.

Besner also violated Natsis's right to fair counsel by terminating her phone call with a lawyer, he told the court.

Edelson explained Natsis's Charter rights were breached and therefore, the samples should be removed as evidence.

The court had earlier heard Besner repeatedly interrupted a 45-minute phone call between Natsis and a lawyer while she was in the washroom at the Arnprior Hospital.

Crown lawyers argued the results of Natsis's breathalyzer tests are vital to the truth of what happened in the fatal crash. They are hopingto bring in atoxicologist to testify about the test results.

The trial is expected to resume next Monday.