The defendant was charged with operating a motor vehicle while the concentration of alcohol in his blood exceeded 80 mg per 100 ml of blood contrary to section 253(b) of the Criminal Code.
The trial proceeded by way of a blended voir dire on Charter issues.
The Crown's evidence established grounds for the traffic stop, roadside demand, and breath demand.
The defendant's expert evidence raised reasonable doubts regarding the reliability of the Intoxilyzer 5000C results, particularly concerning an ambient fail that occurred during testing and potential interfering substances in the breath room.
The court found that the defendant successfully rebutted the presumption of accuracy and entered an acquittal.
