The defendant was charged with driving with a blood alcohol concentration exceeding eighty milligrams per one hundred millilitres of blood.
The sole issue was whether breath samples taken by an approved technician using an Intoxilyzer 8000C were taken "as soon as practicable" after the alleged offence, as required by the Criminal Code for the statutory presumption to apply.
The defendant argued the tests were delayed by approximately 22 minutes to allow consultation with counsel, despite his initial waiver of the right to counsel, and by approximately 28 minutes in notifying the technician.
The court found the Crown established the tests were taken as soon as practicable and convicted the defendant.
