The accused was involved in a single motor vehicle collision and subsequently consumed vodka in a nearby backhoe before police arrived.
He provided breath samples of 216 and 206 mg/100ml and raised the post-driving consumption defence under s. 320.14(5) of the Criminal Code.
The court rejected the defence, finding that a reasonable person leaving a severe accident scene would expect to provide a breath sample, and the amount of alcohol the accused claimed to have consumed was insufficient to account for his high breath readings.
The accused was acquitted of impaired driving but found guilty of operating a conveyance with a blood alcohol concentration over 80mg.
