R. v. Daly

[1985] O.J. No. 83

Facts

ON CA

Crown appealing to a over 80 charge on the ground that the Crown had not established that an interval of 15 minutes had expired between the 2 samples of breath were taken. First sample was taken at 2:53 and then the breath tech took 3-5 minutes to determine wheter he had consumed methyl alcohol or ethyl alcohol and he flushed the machine, second test was taken at 3:13

Reasons

ON CA

20 minutes elapsed between the time the first test was "conducted" and the time the second sample was taken. The 3-5 minutes taken to determine whether he had consumed methyl or ethyl alcohol and the time taken to flush the machine should not be taken into account in calculating when teh first sample was taken and completed