His lawyer, Marvin Stern, argued an RCMP officer conducted an unlawful search when he asked Kroeger to blow into his face after detecting the smell of alcohol and that the evidence should be excluded.

Stern also argued the Mountie stayed far too long at the scene with Kroeger while arrangements were made to tow the Lamborghini and failed to obtain two further breath samples "as soon as practicable" as required by the Criminal Code. But provincial court Justice Peder Gulbrandsen disagreed, saying the obligation to obtain samples as soon as practicable does not mean they be obtained as soon as possible - more on this story

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