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The accused was acquitted of driving with excess blood alcohol after the breath certificate was ruled inadmissible due to insufficient notice and unproven service.
The defendant was charged with driving with excess blood alcohol.
The trial focused on the admissibility of the Certificate of a Qualified Breath Technician.
The court found that the Crown failed to prove, on a balance of probabilities, that the defendant was served with a copy of the Certificate prior to release.
Furthermore, the email notice provided to defence counsel 14 days before trial was deemed insufficient, as Section 320.32 of the Criminal Code requires a minimum of 61 days' notice.
As the Certificate was the only evidence of blood alcohol concentration, its inadmissibility led to an acquittal.
