Judge Rejects Nickelback DUI Defense: "It's not like me to say sore-y, And I've been wrong, been to the bottom of every bottle, this is how you convict me." That may be the new tune Nickelback's frontman will be singing in jail along with the Police classic "Every Breath You Take". Jam! has the story: A B.C. provincial court judge has dealt a blow to Nickelback frontman Chad Kroeger's defence, saying police legally obtained the accused DUI / drunk driver's breath samples.

His DUI defense 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 DUI evidence should be excluded.

DUI attorney 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 DUI breath samples "as soon as practicable" as required by the Criminal Code. But provincial court DUI Justice Peder Gulbrandsen disagreed, saying the obligation to obtain DUI samples as soon as practicable does not mean they be obtained as soon as possible.