The defendant, a self-represented accused, was charged with operating a motor vehicle with more than the lawfully permissible amount of alcohol in his blood contrary to section 320.14(1)(b) of the Criminal Code.
The defendant was stopped on November 19, 2024, for operating a vehicle without a front licence plate.
Following detection of alcohol on his breath, he was administered an approved screening device test which he failed.
Subsequent breath samples taken at the police station confirmed a blood alcohol concentration exceeding the legal limit.
The court addressed two issues: the admissibility of the certificate of qualified technician in the absence of direct evidence of service, and whether the Crown could rely on the oral testimony of the qualified technician if the certificate were deemed inadmissible.
The court found the defendant guilty.
