The accused was charged with impaired operation of a motor vehicle contrary to section 253(1)(a) of the Criminal Code and failing to provide a breath sample contrary to section 254(5) of the Criminal Code, arising from a single motor vehicle collision on October 26, 2016 in Milton, Ontario.
The Crown proceeded summarily.
The trial addressed two main issues: whether the Crown proved impairment beyond a reasonable doubt, and whether the Crown proved the requisite mens rea for the failure to provide a breath sample charge.
The court found that the Crown failed to prove both charges beyond a reasonable doubt and acquitted the accused on both counts.
