The defendant was charged with impaired driving and operating a motor vehicle with a blood-alcohol concentration in excess of the allowable limit following a traffic incident.
The Crown's case relied on observations of erratic driving by a witness, physical signs of impairment observed by police officers, and breath test results.
The defendant claimed to have consumed alcohol after arriving home and prior to police arrival.
The court found a reasonable doubt regarding post-driving consumption of alcohol and, in the absence of expert evidence to perform a readback calculation, acquitted the defendant on both counts.
The court emphasized that the Crown must prove its case beyond a reasonable doubt and that evidence of bad driving does not necessarily establish impairment by alcohol.
