The accused was charged with dangerous driving, impaired driving, and driving with excess alcohol following a traffic stop on Highway 400.
The Crown's case established that the accused was speeding and changing lanes erratically.
After a roadside screening device failure, breath samples were obtained showing readings of 210 and 200 milligrams of alcohol per 100 millilitres of blood.
The court found the accused not guilty of impaired driving due to insufficient evidence of impairment beyond the blood alcohol readings.
The court upheld the validity of the breath tests as taken as soon as practicable and found no Charter breach.
The accused was convicted of driving with excess alcohol under section 253(1)(b) of the Criminal Code.