R. v. Mitton

The accused was acquitted on both counts because the Crown failed to disprove reasonable explanations for the inadequate breath samples and the observed indicia of impairment; the briefness of the samples, credible evidence of shortness of breath, agitation, potential misunderstanding of instructions and absence of evasive conduct raised reasonable doubt as to both intent to refuse and actual impairment.

Citation: 2007 NSPC 3
Parties: Crown: Her Majesty the Queen; Accused: Bradley Wayne Mitton
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 29 January 2007
Procedural Posture: Criminal / Trial Judgment (provincial Court)
Outcome: Accused found not guilty on both charges (s.254(5) and s.253(a) Criminal Code).
Legal Topics: Refusal to Provide Breath Sample, Impaired Driving, Reasonable Doubt, Breathalyzer Procedure
Source Language: English

Criminal Law Road Traffic Law Evidence Refusal to Provide Breath Sample Impaired Driving Reasonable Doubt Breathalyzer Procedure

Case Brief

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Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2

Parties

Her Majesty the Queen

Crown

Bradley Wayne Mitton

Accused

Procedural Posture

Criminal / Trial Judgment (provincial Court)

Legal Issues

1 Whether the accused's conduct amounted to a refusal to comply with a breath demand contrary to s.254(5) Criminal Code
2 Whether the Crown proved beyond a reasonable doubt that the accused was impaired contrary to s.253(a) Criminal Code

Ratio Decidendi

Court Disposition

Accused found not guilty on both charges (s.254(5) and s.253(a) Criminal Code).

Orders

Accused acquitted of charge under s.254(5) of the Criminal Code (failure/refusal to provide breath sample).
Accused acquitted of charge under s.253(a) of the Criminal Code (operation while ability impaired by alcohol).