Accused charged with impaired driving and refusal to provide breath samples. Accused was stopped for speeding (160 km in a 100 zone). Police noted an odour of alcohol on the accused’s breath, a slight slur to his speech and some difficulty walking. After the accused was arrested and taken into custody he attempted to provide breath samples, but, did not blow hard enough to register a reading.
Held: Not guilty of both charges.
Court had a reasonable doubt as to whether the accused’s ability to drive was impaired. Regarding the refusal charge, given the Crown Prosecutor’s failure to call the breath technician, there was no proof that in the opinion of a qualified technician the accused had wilfully failed to provide adequate breath samples.