Law360 Canada (September 6, 2024, 11:26 AM EDT) -- Application for leave to appeal by Gaudet from summary conviction charge for having a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a motor vehicle. The key issue was whether the approved screening device used by the investigating officer, Langis, was properly calibrated to provide reasonable grounds for demanding a breathalyzer test. Langis testified that a "Fail" reading on the screening device indicated a blood alcohol level of at least 0.01 (10 mg/100 ml), which was below the legal limit. However, the trial judge (judge) found this testimony to be "obviously mistaken." Gaudet submitted that since the screening device could register a "Fail" at 0.01, Langis lacked reasonable grounds for the breathalyzer demand, violating Gaudet's rights under Canadian Charter of Rights and Freedoms (Charter). The judge excluded the breathalyzer evidence and acquitted Gaudet. On appeal, the Attorney General (Attorney) argued that Langis's mistaken testimony about the device's calibration should have been disregarded rather than treating it as fact. The Attorney contended that there was no Charter breach, so the breathalyzer evidence should be admitted, and the conviction upheld. In the result, the acquittal was reversed, and a conviction entered....