The accused was charged with two counts: operating a motor vehicle while impaired by alcohol contrary to s. 253(1)(a) of the Criminal Code, and operating a motor vehicle with blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood contrary to s. 253(1)(b).
The trial proceeded as a blended Charter application and trial.
The accused challenged the admissibility of breath readings on grounds of alleged violations of s. 8 and s. 10(b) Charter rights.
The court found no Charter violations.
On the substantive charges, the court accepted the defence evidence regarding the accused's alcohol consumption pattern and found that the defence had raised a reasonable doubt as to the accuracy of the breath readings on the over 80 count.
On the impaired operation count, the court found the evidence equivocal and that the Crown had not proven impairment beyond a reasonable doubt.
The accused was acquitted on both counts.
