The accused was charged with failing to comply with an approved screening device demand contrary to section 254(5) of the Criminal Code and dangerous operation of a motor vehicle contrary to section 249(1).
The Crown alleged the accused was operating a vehicle at excessive speeds (186 km/h in a 50 km/h zone), veering into oncoming traffic, and had alcohol in his system.
The accused was given 12 opportunities to provide a breath sample but failed to do so.
The trial judge found the Crown proved dangerous driving beyond a reasonable doubt but acquitted the accused on the failure to comply charge due to the absence of a final "last chance" warning and the possibility the accused requested one final opportunity to comply that was not documented or facilitated.
