The accused was charged with operation of a motor vehicle while impaired by alcohol and operating a motor vehicle with blood alcohol concentration exceeding 80 mg per 100 ml of blood.
The Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired based on observations of his manner of driving (weaving, collision with median, continued driving on flat tire) and physical symptoms (glassy eyes, slurred speech, odour of alcohol).
The court found that breath tests were taken as soon as practicable within the meaning of the Criminal Code, notwithstanding delays caused by police procedures and a technician error.
The accused was found guilty on both counts, with count 2 conditionally stayed pursuant to the Kienapple principle.
