During trial proceedings Thursday, Judge Michael Allen threw out charges of impaired driving against former Edmonton police constable Douglas Kurtis Brown.
Judge Allen said there were insufficient grounds for the arresting officer to take a breath sample from Brown after the crash last May.
At the scene of the accident, a police constable failed to perform a comprehensive investigation before taking a breath sample and failed to record the details of his investigation on his reports, therefore breaching Brown's charter rights.
Brown still faces four counts of dangerous driving causing bodily harm.
Brown also testified Thursday, providing details to the court that he felt normal and sober that night in May.
"I wasn't feeling any effects from the alcohol," he said. Brown also told the court his version of events prior to the crash.
"Out of nowhere I saw a small truck enter my lane, at that point I tried to swerve to the left to avoid the collision and then we collided," he told the court. "I saw the driver of the vehicle inside the truck yelling and screaming for help."
Brown also described how he attempted to rescue the victim from the truck.
"I grabbed the driver, burning my arms and dragged the driver to the side," he said.
Shortly after that, the truck exploded and minutes later police arrived and interviewed Brown.
Brown also said he was honest with the officer when he was asked if he had been drinking that night.
"I said I had earlier in the evening, he then said you're under arrest," Brown said.
On Monday the court heard testimony from the man involved in the crash, 18-year-old Robert Wasyliw, who described his pain as his arm was trapped under the truck after the impact.
"I just started screaming for help hitting the roof. By that time the fire had spread to the passenger's side. All I remember was drips of flame hitting me. I huddled up to protect myself from the flames," he told the court.
The family of Wasyliw were visibly upset in court Thursday, saying they were disappointed the impaired driving charges were dropped against Brown.
Closing arguments will wrap up Friday.
With files from Canadian Press, CTV's Rob McAnally
