The appellant appealed a conviction for operating a motor vehicle with blood alcohol exceeding 80 mg under s. 253(1)(b) of the Criminal Code.
He argued that the trial judge erred in finding that breath samples were taken “as soon as practicable” and that the first suitable sample was obtained within two hours of the time of driving as required by ss. 254(3) and 258(1)(c).
The court reviewed the full sequence of events, including delays caused by the accused’s medical episode and hospital examination.
It held that the trial judge was entitled to conclude the police acted reasonably and that the first suitable sample, taken 65 minutes after driving, satisfied the statutory requirement.
The presumption under s. 258(1)(c) was properly applied using the lowest reading from the analyses.
