The Crown appealed a summary conviction acquittal for operating a motor vehicle with blood alcohol exceeding the legal limit.
The trial judge had excluded breathalyzer results after finding the police failed to make the breath demand “as soon as practicable” under the Criminal Code and concluded that the delay constituted breaches of ss. 8 and 9 of the Charter.
On appeal, the court held the trial judge misapprehended the officer’s evidence regarding investigative steps taken before the arrest and breath demand, including safety checks and vehicle impoundment procedures.
The appellate court concluded that the approximately 15–17 minute delay was reasonable in the circumstances and that the demand was made as soon as practicable.
The breathalyzer evidence was therefore admissible and all necessary findings supported a conviction.
