M.-A. Mackett

The defendant was charged with stunt driving under the Highway Traffic Act and with failing or refusing to comply with an approved screening device (ASD) demand under section 254(5) of the Criminal Code.

The defendant conceded guilt to the stunt driving charge but contested the breath demand charge.

The court found the defendant guilty of stunt driving but acquitted him of the breath demand charge due to reasonable doubt regarding whether the failure to provide a suitable breath sample resulted from the defendant's knowing misconduct or from defects in the operation of the ASD device.

The accused was charged with stunt driving and failing to comply with a roadside breath demand.

The accused conceded guilt on the stunt driving charge.

On the breath demand charge, the court found that while the accused failed to provide a suitable sample after 13 attempts, there was reasonable doubt regarding his mens rea due to evidence of potential defects in the approved screening device (ASD).

The officer had not personally tested the device, it was calibrated outside the 14-day window, and the officer lacked recent training.

The accused was acquitted of the Criminal Code charge.