The accused was charged with impaired operation of a motor vehicle, operation over 80 milligrams of alcohol per 100 millilitres of blood, and dangerous operation of a motor vehicle following a high-speed collision on the QEW.
The Crown's case was significantly hampered by the investigating officer's inability to testify due to a serious ATV accident, the unavailability of a key witness, and a conceded Charter breach regarding blood test evidence obtained under a demand.
The Crown proceeded by way of summary conviction and relied on hospital blood test results, expert toxicology evidence, and witness observations of impairment.
The court admitted hospital blood test records as business records and found the defendant guilty on all three counts based on the blood alcohol analysis and evidence of dangerous driving.
