The accused was charged with impaired operation of a motor vehicle and operation with blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
A concerned citizen reported erratic driving, and the accused was arrested after failing a screening device test.
The Crown's case on the over 80 charge failed because the first breath sample was not taken as soon as practicable; the officer delayed the testing by 24 minutes to facilitate the accused's contact with duty counsel despite the accused's express declination of that right.
The impaired operation charge succeeded based on the constellation of observations by both the citizen witness and the arresting officer, establishing impairment beyond a reasonable doubt.
