The accused was charged with impaired operation of a motor vehicle and driving with a blood alcohol concentration exceeding 80 milligrams in 100 millilitres of blood following a motor vehicle collision on Wharncliffe Road North in London, Ontario.
The Crown's case relied on breath sample results and observations of the accused's behaviour at the scene and at the police station.
The court found that the Crown failed to establish the timing prerequisites necessary to rely on the statutory presumptions of accuracy and identity under the Criminal Code, and therefore dismissed the over .80 count.
On the impairment count, the court found the evidence insufficient to establish impairment beyond a reasonable doubt, noting inconsistencies in witness accounts, the accused's apparent ability to understand instructions, and the plausible explanation of weather and road conditions for the collision.
The accused was acquitted on both counts.