Judge erred in ruling alcohol standard solution raised doubt

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.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

OBA Innovator-in-Residence Colin Lachance aims to help lawyers integrate AI into their practice

Ontario Superior Court rejects mining company’s breach of agreement and confidentiality claims

Ontario Superior Court orders plaintiff to pay substantial costs despite injury claims

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Superior Court awards damages in domestic assault case due to defendant's default

Ontario Privacy Commissioner calls for stronger access and privacy protections

Most Read Articles

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Superior Court awards damages in domestic assault case due to defendant's default

Ont. Superior Court upholds Human Rights Tribunal's denial of reconsideration in discrimination case

Ontario Privacy Commissioner calls for stronger access and privacy protections