R. v. Hilton

R. v. Hilton

The court found the 19 minute wait reasonable under the presumption of regularity and that the first breath was taken within two hours; unchallenged testimony that a copy of the Technician's Certificate was handed to the accused satisfied s.258(7) and allowed admission of the Certificate and reliance on s.258(1) presumptions; on that basis the Crown proved blood alcohol exceeded the legal limit and the accused was convicted under s.253(b), but the Crown failed to prove impairment of driving ability under s.253(a) and the accused was acquitted on that count.

Citation
2001 NSPC 20
Parties
Crown: Her Majesty the Queen; Defendant: Philip H. Hilton
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2001
Procedural Posture
Criminal / Trial Decision
Outcome
Guilty on Criminal Code s.253(b) (exceeding legal blood alcohol limit); Not guilty on Criminal Code s.253(a) (impairment).
Legal Topics
Breathalyzer/analytical Testing, Service of Technician Certificate S.258(7), Delay/as Soon as Practicable, Presumption of Regularity, Standard of Proof, Impaired Driving
Source Language
English
Criminal Law Evidence Traffic/regulatory Offences Breathalyzer/analytical Testing Service of Technician Certificate S.258(7) Delay/as Soon as Practicable Presumption of Regularity Standard of Proof +1 more

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Parties

Her Majesty the Queen

Crown

Philip H. Hilton

Defendant

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the breath samples were taken "as soon as practicable"
  2. 2 Whether a copy of the Certificate of a Qualified Technician was served on the accused as required by s.258(7)
  3. 3 Whether the Crown proved impairment of driving ability by alcohol or drug

Ratio Decidendi

The court found the 19 minute wait reasonable under the presumption of regularity and that the first breath was taken within two hours; unchallenged testimony that a copy of the Technician's Certificate was handed to the accused satisfied s.258(7) and allowed admission of the Certificate and reliance on s.258(1) presumptions; on that basis the Crown proved blood alcohol exceeded the legal limit and the accused was convicted under s.253(b), but the Crown failed to prove impairment of driving ability under s.253(a) and the accused was acquitted on that count.

Court Disposition

Guilty on Criminal Code s.253(b) (exceeding legal blood alcohol limit); Not guilty on Criminal Code s.253(a) (impairment).

Orders

  • Exhibit 1 (Certificate of a Qualified Technician) admitted into evidence pursuant to Criminal Code s.258(7).
  • Accused convicted of offence contrary to Criminal Code s.253(b).