The accused was charged with dangerous operation of a motor vehicle and operating a motor vehicle with an excess blood alcohol concentration (over 80 mgs per 100 mls of blood).
The Crown relied on civilian witness testimony, police evidence, and an agreed statement of fact.
The court acquitted the accused of dangerous operation due to reasonable doubt regarding the identity of the driver observed by the civilian witness, as the passenger's evidence contradicted the Crown's theory of the route taken.
The court convicted the accused of the over 80 charge, finding that the police complied with the statutory requirement that breath sample testing be carried out "as soon as practicable," despite language barriers requiring interpretation assistance.
