R. v. Suttie

72 O.R. (3d)



At trial when Suttie was convicted the Judge gave wight to the certificae of analysis containing the results of the breathalyzer tests wehich had been administered to him. Suttie gave evidence about his low alcohol consumption that day which should have produced a low blood alcohol level. He argued that this consumption evidence should displace the presumtion of accuracy accorded to the certificate. The trial judge considered the contents of the certificate along with the remainder of the evidence in decideing to reject Suttie's evidence to the contrary. On applea, it was decided that the trial judge erred in thatheshould have taken into consideration the breathalyzer readings in assessing Suttie's evidence to the contrary.



Because the presumption of accuracy of the breathalyzer certificate was challenged, the judge could include for consideration, with the rest of the evidence, the contents of the breathalyzer certificate as some evidnce of Suttie's blood alcohol level at the time of testing.