Margaret Trudeau's acquittal on drunk driving charge restored by Appeal Court

Trudeau was facing a new trial after a lower court's acquittal was overruled by a Superior Court judge.

The Ontario Court of Appeal ruled Monday the lower court's decision should stand, reinstating the original ruling and again acquitting Trudeau of the drinking and driving charges.

Trudeau, the ex-wife of former prime minister Pierre Trudeau, was stopped on the Vanier Parkway in Ottawa at about 10:30 p.m. on May 20, 2004.

A breathalyzer test detected a blood alcohol level of 0.107 - above the legal limit of 0.08.

The Appeal Court agreed with the lower court's finding that Trudeau's charter rights were violated by police.

Ontario Court Justice Lise Maisonneuve ruled in November 2005 that Trudeau's rights had been infringed on, and she acquitted her after excluding breathalyzer evidence.

In March 2007, a Summary Conviction Appeal Court ruled Trudeau's charter rights were not violated and she should stand trial again.

"In this court, the Crown does not seek to uphold the Summary Conviction Appeal Court judge's conclusion," Monday's Appeal Court decision reads.

"We agree that the Summary Conviction Appeal Court judge erred."

The lower court found Trudeau's right to choose her lawyer was infringed on because police told her no one answered the phone when a call was placed to the first lawyer she picked, rather than saying an answering machine picked up the call.

Police then called two other lawyers that Trudeau picked from a list provided by Ottawa police to those they arrest.