The accused was charged with driving with over 80 milligrams of alcohol in 100 millilitres of blood.
The Crown relied on breathalyzer readings of 137 and 139 milligrams.
The defence challenged the reliability of the Intoxilyzer 5000C readings by arguing that the accused had unmedicated diabetes which would produce acetone in his breath, and that the acetone detection system in the machine could malfunction without alerting the operator.
The court found that the accused's evidence regarding his alcohol consumption and failure to take medication was credible, and that expert evidence established a realistic scientific possibility that the machine's acetone detection system could have malfunctioned.
The Crown failed to rebut this evidence, and the presumption of accuracy was rebutted.
The charge was dismissed.
