The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mgs of alcohol in 100 mls of blood and having care or control of a motor vehicle while impaired by alcohol.
The trial proceeded following a successful Charter application under s.10(b) that resulted in the exclusion of breath samples.
The accused also brought a s.11(b) Charter motion alleging unreasonable delay, which was dismissed.
On the merits, the court found that the Crown failed to prove beyond a reasonable doubt that the accused was in care or control of the motor vehicle.
The statutory presumption of care or control was rebutted by evidence that the accused occupied the driver's seat solely to smoke a cigarette in cold weather after arriving home.
The court also found no realistic risk of danger to ground a conviction based on de facto care or control.
Both charges were dismissed.