The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration over 80.
The police observed the accused driving erratically and running red lights.
After failing a roadside screening device, the accused provided breath samples at the police station, but the first sample was taken outside the two-hour presumption period.
The Crown relied on expert toxicologist evidence to extrapolate the blood alcohol concentration back to the time of driving.
The court accepted the expert evidence, finding no evidence of bolus drinking, and convicted the accused of the over 80 charge.
However, the court acquitted the accused of impaired driving, finding the physical indicia of impairment insufficient to prove the charge beyond a reasonable doubt.