The Crown appealed a Summary Conviction Appeal Judge's decision that overturned the accused's conviction for driving 'over 80'.
The Court of Appeal allowed the appeal and restored the conviction.
The Court held that the appeal judge erred in finding that an officer could not form the requisite suspicion for a roadside breath demand under s. 254(2) of the Criminal Code based on the smell of alcohol on a driver's breath, affirming R. v. Lindsay.
Furthermore, the trial judge correctly applied the W.D. test by concluding that the accused's 'evidence to the contrary' did not raise a reasonable doubt.
