Ontario Court of Justice - Summary Conviction Offences - ONCA

The appellant applied for leave to appeal a summary conviction for driving with a blood alcohol level over the legal limit.

The trial judge had acquitted the appellant after excluding evidence under section 24(2) of the Charter, finding that the police officer delayed administering the approved screening device test due to concerns about fresh mouth alcohol.

The Summary Conviction Appeal Court overturned the acquittal, finding the trial judge's conclusion was based on speculation.

The Court of Appeal agreed, holding there was no evidence the officer had such a concern and therefore no Charter breach occurred.

The appeal was dismissed.

The appellant appealed his conviction for driving with a blood alcohol level over .80, arguing that the intoxilyzer was not proven to be functioning properly because the technician used an external printer and did not check the internal printer.

The Summary Conviction Appeal Court upheld the trial judge's finding that the intoxilyzer was in proper working order.

The Court of Appeal found no basis to interfere and dismissed the appeal.