The accused was charged with operation of a motor vehicle with over 80 mg of alcohol in 100 millilitres of blood following a motor vehicle collision in Magnetawan, Ontario on April 25, 2016.
The Crown's evidence established the collision, the accused's impairment, and breath test results of 137 mg and 146 mg respectively.
However, the Crown conceded that the first breath sample was taken outside the two-hour statutory window required by the Criminal Code.
Without expert toxicology evidence to perform retrograde extrapolation, the court found the Crown had not proven all elements of the offence beyond a reasonable doubt and acquitted the accused.
