The accused was charged with impaired driving and driving with more than 80 milligrams of alcohol in his system.
The trial judge acquitted on the impaired charge but reserved judgment on the over 80 charge due to a defence argument regarding the failure of the breath technician to perform a self-test on the Intoxilyzer 8000C machine.
The court examined whether deviation from the Centre of Forensic Science training manual recommendations regarding self-tests created reasonable doubt about the machine's proper operation.
The court found that the machine's internal self-diagnostic tests were sufficient to establish proper working order and that the failure to perform a manual self-test did not raise a reasonable doubt.
The accused was convicted on the over 80 charge.
