The accused was charged with three counts: refuse roadside approved screening device, impaired care and control, and dangerous driving, all occurring on June 11, 2017.
The Crown relied on civilian witness testimony describing erratic driving and police observations at the accused's residence.
The defence argued the accused did not operate the vehicle and that the refusal charge was improper.
The court found reasonable doubt as to identity of the driver, acquitting on dangerous driving and impaired driving counts.
On the refusal charge, the court found the refusal was not unequivocal and that the officer failed to provide a final opportunity to comply, resulting in reasonable doubt as to mens rea.
The accused was acquitted on all three counts.
