Impaired driving trial. Issue regarding whether breath samples taken as soon as practicable. Total delay of 1 hour and 14 minutes from arrest to the taking of the first breath sample (49 minute delay at the police station). Upon arrival at the police station there were a number of detainees ahead of the accused in the queue to use the Intoxilyzer. Very little evidence lead as to the number of subjects that could be tested in sequence, and as to what period of delay was necessary.
Held: Acquittal entered.
“The inference … is that after arriving at the detachment the officer took a more casual approach to his investigation and to the recording of his notes. The onus is on the Crown to establish on a balance of probabilities that the breath samples were taken as soon as practicable. The officer’s notes and testimony have not provided sufficient evidence of the circumstances to enable me to objectively assess that issue.”
S. LaPrairie – Defence Counsel