The accused was charged with operating a motor vehicle while impaired and with a blood-alcohol concentration over 80 milligrams per 100 millilitres of blood, contrary to s. 253(1)(a) and (b) of the Criminal Code.
The vehicle in question was an electric scooter.
The court determined that the electric scooter constituted a motor vehicle within the definition in s. 2 of the Criminal Code, as it was designed to be propelled by means other than muscular power.
The court rejected the defence argument that the vehicle was not a motor vehicle when operating without battery power, finding that the nature of the vehicle, not its operability at a particular moment, determines its classification.
The court also found that the Crown proved beyond a reasonable doubt that the accused's blood-alcohol concentration exceeded 80 at the time of operation, rejecting the defence argument regarding bolus drinking based on the presence of a partially consumed bottle of wine.
The accused was found guilty on both counts.
