Client stopped for speeding while driving late at night on the Don Valley Parkway. Officer detects an odour of alcohol on the accused’s breath and arrests him after he fails a roadside breath test. Once at the station the accused provides two breath tests which are both more than twice the legal limit. Charged with over 80.

Charge stayed by the Crown prior to trial. Decision to do so unrelated to the merits of the case but done so because of the Crown’s acknowledged failure to respond to various defence disclosure requests in a timely fashion. The defence relied on the Crown’s responsibility to provide full disclosure in relation to the maintenance and calibration of both breath devices as well as all of the client’s videotaped activities on the night of his arrest including the footage from the cruiser video cam at the scene.