The defendant was charged with impaired driving and operating a motor vehicle with a blood-alcohol concentration in excess of 80 milligrams per 100 milliliters of blood.
The trial occurred after amendments to the Criminal Code regarding drinking and driving offences.
The court found the defendant not guilty of impaired driving due to insufficient evidence of impairment beyond a reasonable doubt, despite evidence of poor driving and a strong odour of alcohol.
However, the court found the defendant guilty of the over-80 charge, relying on the presumption of accuracy under the new legislation and determining that breath readings were admissible despite a Charter violation regarding the right to counsel.
