Ontario Criminal


Breathalyzer

ADMISSIBILITY OF CERTIFICATE
Judge erred in ruling alcohol standard solution raised doubt

Crown appealed acquittal of accused for over 80 after judge had doubt about certificate based on alcohol solution evidence. There were no Charter motions or objections as to admissibility of certificate nor evidence that Intoxilyzer 8000c had malfunctioned or was operated improperly. Application allowed, guilty verdict entered. Presumptions of s. 258(1)(c) of Criminal Code were applicable due to lack of any objection or evidence of malfunction therefore judge erred in ruling alcohol standard solution raised doubt. Case involved one issue only which made proper verdict guilty.

R. v. Widdis (Jul. 30, 2014, Ont. S.C.J., D. Salmers J., File No. Oshawa 13448/13) 116 W.C.B. (2d) 457.

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