The Crown appealed a directed verdict acquitting the respondent of operating a motor vehicle with a blood alcohol concentration over 80mg.
At trial, the judge excluded the breath certificate after the Crown closed its case, finding insufficient evidence that the respondent was served with a true copy, and refused to let the Crown re-open its case to clarify the officer's testimony.
The Summary Conviction Appeal Court held that while the late objection was permissible, the trial judge erred in refusing to let the Crown re-open its case and erred in law by granting a directed verdict when there was some evidence of service.
The appeal was allowed and a new trial ordered.
