The accused was charged with operating a motor vehicle while impaired by alcohol contrary to section 253(1)(a) of the Criminal Code and operating a motor vehicle with blood alcohol concentration exceeding 80 mg contrary to section 253(1)(b) of the Criminal Code, arising from a collision on May 18, 2015, in Ottawa.
The Crown relied on breath test results showing 168 mg% and 165 mg% at the time of testing, expert toxicological evidence regarding scientific impairment at 50 mg%, and police observations of alleged signs of impairment.
The defence raised the "last drink" doctrine, arguing the accused consumed alcohol approximately 13 minutes before driving, and challenged the applicability of general scientific impairment evidence to the specific accused.
The court found the accused not guilty on both counts.
