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.
