The accused was charged with impaired operation of a motor vehicle and operation with a blood alcohol concentration over 80 mg/100ml following a collision with a stopped vehicle.
The Crown proved the impaired operation charge beyond a reasonable doubt based on extensive evidence of physical and mental impairment, including the circumstances of the collision, the accused's unsteady gait, disorientation, emotional instability, and extreme intoxication observed by police officers.
However, the Crown failed to prove the over 80 charge because the breath tests were conducted outside the two-hour statutory window, and the court declined to take judicial notice of toxicology calculations to bridge the gap.
