The Crown appealed a summary conviction acquittal for operating a motor vehicle with a blood alcohol concentration exceeding 80 mg.
The trial judge had concluded that breath samples were not taken “as soon as practicable” under s. 258(1)(c)(ii) of the Criminal Code due to several perceived unexplained delays.
The appeal court held that the trial judge misapprehended the evidence regarding delays following arrest and during roadside investigation, which had reasonable explanations.
Because those errors materially affected the acquittal, the appellate court set aside the acquittal and ordered a new trial.
