The defendant was charged with driving with excess alcohol.
A police officer encountered the defendant twice on the morning of May 20, 2016: first at 02:57 with no signs of impairment, and again at 04:35 when a roadside breath test was administered and failed.
The defendant was arrested and breath tests conducted at 07:02 and 07:24 showed readings of 170 and 150 milligrams of alcohol per 100 millilitres of blood respectively.
The Crown relied on a toxicologist's report to establish the defendant's blood alcohol level at the time of driving, which was based on the presumption of no bolus drinking within 15 minutes prior to the incident.
The defence argued that the presence of an alcoholic beverage in the vehicle's centre console, combined with the rising odour of alcohol and the time gap between driving and testing, raised a reasonable doubt regarding bolus drinking.
The court found the defendant's testimony credible and accepted that she did not engage in bolus drinking, thereby accepting the toxicologist's report and finding the defendant guilty.