Trial on charge of failure to provide breath samples. Accused testified that she watched the “progress bars” on the approved instrument’s display, and that she saw the technician nod with approval as she blew, therefore, she assumed that she had provided a valid sample, and she stopped blowing.

Held: Acquitted.

“It is clear in the Court’s view that this testimony by the accused establishes a confusion on her part … which gave rise to the physical act of cutting short her sample of breath.” Dolphin 2004 MBQB 252 followed. Reasonable doubt regarding proof of mens rea.

D. Bourdon – Defence Counsel