The appellant appealed his conviction for driving 'over 80'.
The central issue was whether an unexplained 18-minute delay at the police station before the arresting officer contacted duty counsel meant the breath samples were not taken 'as soon as practicable' under s. 258(1)(c)(ii) of the Criminal Code.
The summary conviction appeal judge found that the trial judge erred in relying on the officer's general booking duties to explain the delay, as the officer testified those duties only took a couple of minutes.
Because the Crown failed to explain the remaining 18 minutes, it could not rely on the presumption of identity.
The appeal was allowed and an acquittal entered.
