The defendant was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood, contrary to the Criminal Code.
The Crown alleged the defendant was stopped for speeding and subsequently failed an approved screening device test and provided breath samples over the legal limit.
The defendant raised Charter arguments regarding his right to counsel and advanced a bolus drinking defence.
The court found no Charter breach, rejected the bolus drinking defence based on the defendant's lack of credibility, and convicted the defendant of the over 80 charge.
The defendant also pleaded guilty to two Provincial Offences Act charges (speeding and driver having alcohol readily available), with sentencing suspended on those counts.
