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The defendant was found guilty of driving over 80 and breaching probation after the court rejected his bolus drinking defence and challenges to the breathalyzer instrument.
The defendant was charged with operating a motor vehicle with a blood alcohol concentration above the legal limit and breaching a probation order by driving without a valid license.
The charges arose from a RIDE spot check.
The court examined four key issues: whether police failed to wait 15 minutes for residual mouth alcohol to dissipate before using the approved screening device; whether the Intoxilyzer 8000C was an approved instrument; whether the defendant's blood alcohol level was over 80 at the time of the stop; and whether the Crown proved the probation breach beyond a reasonable doubt.
The court found the defendant guilty on both charges.
