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.
