Impaired driving trial. Issue regarding whether breath samples provided as soon as practicable. 20 minute unexplained delay upon arrival at the police detachment prior to the taking of breath samples, and a 31 minute delay between breath sample 1 and 2.
Held: Acquittal entered.
The delays after arriving at the police detachment were long enough so as to require an explanation. No explanation provided. Crown unable to prove that the breath samples were seized reasonably promptly in the circumstances. Accordingly, Crown unable to rely on the presumptions set out in s. 258(1) CC.
I. Savage – Defence Counsel