SECTION 8 - FAILURE TO PROPERLY DESCRIBE MEANING OF A FAIL ON THE ASD NOT FATAL

When describing the meaning of a fail result on the ASD the officer forgot to add the phrase, per 100 milliliters of blood, after the phrase 100 milligrams of alcohol. The accused argued that the Crown did not prove the necessary grounds to make the breath demand. The court did not agree. It held that it was sufficient if the court was satisfied that the officer used the device properly and interpreted the fail result to indicate that an offence had been committed under section 253. R. v. Kumar, 2011 ONCJ 496