R. v. Vecchioli, (1984) 39 Sask.R. 318 (ProvCt)

JudgeSmith, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateDecember 21, 1984
JurisdictionSaskatchewan
Citations(1984), 39 Sask.R. 318 (ProvCt)

R. v. Vecchioli (1984), 39 Sask.R. 318 (ProvCt)

MLB headnote and full text

R. v. Vecchioli

Indexed As: R. v. Vecchioli

Saskatchewan Provincial Court

Smith, P.C.J.

December 21, 1984.

Summary:

The accused was charged with driving a motor vehicle while having an excessive blood-alcohol content, contrary to s. 236 of the Criminal Code of Canada. The issue in the case was whether the accused had produced "evidence to the contrary" sufficient to rebut the presumption in s. 237 of the Code.

The Saskatchewan Provincial Court held that the accused submitted "evidence to the contrary" intending to show that the blood-alcohol level of the accused when he was driving was different from the level presumed by s. 237. The court accordingly acquitted the accused.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence - Evidence to the contrary - A driver was stopped 10-15 minutes after his last drink - Approximately 1 hours later (the earliest samples could be taken) he produced breathalyzer readings over the legal limit - Evidence respecting alcohol absorption into the blood concluded that although when the samples were given the readings would be excessive, when the accused was driving, the alcohol he consumed may not have been sufficiently absorbed into his blood so as to produce illegal readings - The Saskatchewan Provincial Court held that this was "evidence to the contrary" raising a reasonable doubt as to the driver's guilt.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236, sect. 237 [para. 6].

Counsel:

M.M. Vass, for the Crown;

R.J.F. Lepage, for the accused.

This charge was heard before Smith, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered at Regina, Saskatchewan, on December 21, 1984.

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