Daryl J. Mayers

The accused was charged with driving with a blood alcohol content over 80 mg per 100 ml of blood on April 28, 2013.

The Crown relied on breath test results showing 160 mg/100ml taken approximately 2.5 hours after the incident, supported by an expert report estimating the accused's BAC at the time of driving was between 160-205 mg/100ml.

The defence presented evidence of bolus drinking (rapid consumption of alcohol shortly before driving) and expert evidence suggesting the accused's BAC at the time of driving was between 49-73 mg/100ml.

The court found the Crown failed to prove beyond a reasonable doubt that the accused consumed large quantities of alcohol within 15 minutes prior to the incident, a critical assumption underlying the Crown's expert opinion.

The accused was acquitted.

The accused was charged with impaired operation and "over 80" and brought a disclosure application regarding the over 80 charge.

The application sought extensive disclosure particulars related to the Intoxilyzer 8000-C breath testing device, including maintenance records, technician qualifications, inspection logs, and operational protocols.

The court considered the Supreme Court's decision in R. v. St.-Onge Lamoureux and the Canadian Society of Forensic Science Alcohol Test Committee recommendations.

The court granted partial disclosure, ordering production of inspection and maintenance logs, manufacturer directives and policies, DAVTECH checklists, and particulars regarding alcohol standard usage, while denying other requests as either irrelevant or speculative.