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The accused was found guilty of driving with excess alcohol after the court found breath samples were taken as soon as practicable.
The accused was charged with driving a motor vehicle with excess alcohol.
The Crown presented evidence from a police officer and breath technician regarding the arrest and breath testing procedures conducted on September 9, 2014.
The defence challenged whether the breath samples were taken as soon as practicable, arguing that delays in obtaining a breath technician resulted in the presumption of identity not applying.
The court rejected this argument, finding that the delay was reasonable and that the Crown could rely on the presumption of identity.
The court also considered a toxicologist's report and rejected the defence argument regarding bolus drinking.
The accused was found guilty of driving with excess alcohol.
First offender sentenced to two years less a day for dangerous driving causing death.
The offender pleaded guilty to dangerous driving causing death and failing to remain at the scene of an accident.
On August 18, 2012, the offender accelerated his pickup truck while exiting a parking lot to show off its power to a passenger, lost control, and struck a 16-year-old girl standing on the grass in front of a house, killing her.
The offender fled the scene without stopping to render assistance.
The court imposed an 18-month sentence for dangerous driving causing death and a 9-month consecutive sentence for failing to remain at the scene, with credit for 13 months of stringent bail conditions, resulting in a global sentence of two years less a day.
A five-year driving prohibition, DNA order, and forfeiture of the vehicle were also imposed.
