The accused was charged with impaired driving and driving with a blood alcohol level in excess of the legal limit.
The Crown relied on breath test readings and a toxicologist's report calculating the accused's blood alcohol concentration at the time of operation.
The defence presented evidence focused on bolus drinking, establishing that the accused consumed a large quantity of alcohol shortly before driving, within approximately 15 minutes of the stop.
The Crown failed to prove the foundational assumption in the toxicologist's report that there was no consumption of large quantities of alcohol within 15 minutes prior to the incident.
The court found insufficient evidence to prove impairment beyond a reasonable doubt and dismissed both counts.
