PRESUMPTION OF BAC - "BOLUS DRINKING" EXAMINED (AGAIN)

A new trial was ordered by the Ontario Court of Appeal when they concluded that a trial judge did not properly consider evidence that Mr. Kahl drank a mickey after a collision. Mr. Kahl testified that he would always drink a mickey of whiskey just before turning himself in for his weekend intermittent sentence.  However on this particular trip he had a collision on the way to the correctional centre and testified that he "chugged"  7 - 10 ounces of whiskey after driving but before the police arrived at the scene (as he knew they would be taking him to jail). R. v. Kahl, 2015 ONCA 255