EDMONTON -- Drunk-driving charges against a former police officer accused of slamming into a pickup truck after allegedly running a red light while impaired have been tossed.

Provincial court Judge Michael Allen yesterday dismissed five counts of impaired driving causing bodily harm and one count of driving with a blood-alcohol level of over .08 against (Douglas) Kurtis Brown, 30.

The Crown in the case told Allen he would not be proceeding on the six charges after the judge ruled two breath samples provided by Brown would be excluded from evidence due to a breach of his charter rights.

Allen determined the rookie police officer investigating the fiery crash - where a city man was trapped in the burning pickup and was rescued by the accused - had no reasonable or probable grounds to demand a breath sample.

One person sitting with the family of the driver of the pickup walked out of the courtroom shaking his head and other family members said they were "disappointed" with the decision and questioned if the fact Brown was a police officer had anything to do with the investigation.

Const. Michael Chernyk, who had been with EPS for 1 1/2 years at the time, had testified he had demanded a breath sample from Brown after smelling alcohol on him, seeing that his eyes were glossy and hearing from one witness at the scene that Brown had run a red light while speeding.

However, Allen said the officer also had evidence from Brown that the light had been green, which he couldn't discount, and said he also couldn't rule out that the glossy eyes came from him being by the burning pickup.

Allen criticized Chernyk for his "failure to do much of an investigation" prior to the demand as well as his failure to make proper notes after interviewing witnesses.

Brown, who had been a city police constable for three years, but resigned in October, is still facing four counts of dangerous driving causing bodily harm stemming from the 2 a.m. collision on May 11, 2008, at the intersection of 75 Street and the exit ramp of Whitemud Drive.

Brown maintained the light he went through was green while testifying yesterday in his own defence and said he was sober at the time after having only had two drinks.

He told court the pickup truck came "out of nowhere" and said he tried to swerve to avoid the collision, but couldn't.

When asked why he didn't see the pickup in the intersection earlier, Brown said he has been "wrestling" with that question "for quite awhile," but doesn't have an answer.

In closing arguments, prosecutor Jonathan Hak said the evidence shows Brown went through a red light at a high rate of speed in his BMW and struck a pickup truck, causing bodily harm to the driver and three passengers.

"The driving was dangerous," said Hak.

Closing arguments are slated to be completed today, however Allen said he would not likely give a decision then.

The driver of the pickup, Robert Wasyliw, 19, has testified his light was green. He also told court he realized his left arm was pinned under the pickup after seeing flames.

"I just started screaming for help and hitting the roof. All I remember is drips of flame hitting me," he said, adding he suffered a broken collarbone and severe burns.