The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 mL of blood.
The Crown relied on two breath test results taken at 11:10 p.m. (146 mg/100 mL) and 11:38 p.m. (144 mg/100 mL).
The defence challenged the admissibility of the second test, arguing it was not administered as soon as practicable as required by the Criminal Code.
The court found that the 28-minute interval between tests, with 13 minutes unexplained beyond the mandatory 15-minute minimum, breached the statutory requirement.
The Crown failed to discharge its burden of proving the test was taken as soon as practicable, and the accused was acquitted.
