A B.C. provincial court judge has dealt a blow to Nickelback frontman Chad Kroeger's defence, saying police legally obtained the accused drunk driver's breath samples.
Kroeger, whose real name is Chad Turton, was stopped for speeding in his red, $176,000 Lamborghini in suburban Surrey at about 2 a.m. on June 22, 2006.
His lawyer, Marvin Stern, argued the 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 waited too long before taking the first breath sample 15 minutes after stopping Kroeger and that the second sample, taken almost two hours later at the Surrey RCMP detachment, was also taken too late.
But Justice Peder Gulbransen disagreed, saying both samples were taken within a reasonable time and that the second sample took longer because Kroeger was upset over how his vehicle would be towed away.
Kroeger faces charges of impaired driving and driving with a blood-alcohol level over .08.
