R. v. McKay

R. v. McKay

The court found the Crown fully accounted for the time from the demand to testing, the dispatch and arrival of the breath technician and observation periods were reasonable, the tests were administered within two hours and at least 15 minutes apart, and therefore the tests were given 'as soon as practicable'; accordingly the accused was convicted under s.253(b).

Citation
2007 NSPC 72
Parties
Crown: Her Majesty the Queen; Accused: David Eugene McKay
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 December 2007
Procedural Posture
Criminal / Decision (guilty)
Outcome
Convicted of offence under s.253(b) of the Criminal Code
Legal Topics
Impaired Driving, Breathalyzer Timing, Section 254(3) Demand, Section 253 Offences, 'as Soon as Practicable' Delay
Source Language
English
Criminal Law Evidence Road Traffic Law Impaired Driving Breathalyzer Timing Section 254(3) Demand Section 253 Offences 'as Soon as Practicable' Delay

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Parties

Her Majesty the Queen

Crown

David Eugene McKay

Accused

Procedural Posture

Criminal / Decision (guilty)

Legal Issues

  1. 1 Whether the breath test was administered 'as soon as practicable' after the demand
  2. 2 Whether the delay between the two breath tests complied with the mandatory 15-minute interval and was properly explained
  3. 3 Whether there were reasonable and probable grounds for the breath demand

Ratio Decidendi

The court found the Crown fully accounted for the time from the demand to testing, the dispatch and arrival of the breath technician and observation periods were reasonable, the tests were administered within two hours and at least 15 minutes apart, and therefore the tests were given 'as soon as practicable'; accordingly the accused was convicted under s.253(b).

Court Disposition

Convicted of offence under s.253(b) of the Criminal Code

Orders

  • Defendant found guilty under s.253(b)