The accused was charged with driving with excess alcohol (over 80 milligrams of alcohol in 100 millilitres of blood).
The Crown relied on expert toxicology evidence to establish the accused's blood alcohol level at the time of driving, as the breath tests were taken more than two hours after the alleged offence and the statutory presumption of identity could not be applied.
The defence raised evidence of bolus drinking—specifically, that the accused consumed 1 to 2 ounces of Sambuca liqueur (38% alcohol) immediately before driving.
The court found that the Crown failed to prove beyond a reasonable doubt that no large quantities of alcohol were consumed within 15 minutes of driving, creating a reasonable doubt as to whether the accused's blood alcohol level exceeded the legal limit at the time of operation.
The accused was acquitted.
