EVIDENCE TO THE CONTRARY AND ASD DELAY ARGUED - CONVICTION UPHELD

Mr. Rienguette was convicted at trial of driving "over 80" and sentenced to 30 days jail, with a two year driving prohibition.  He sought leave to appeal his conviction, arguing two issues.  The first argument was that a 13 minute delay with respect to an approved screeing device having to be brought to the roadside by another officer was unreasonable. The second argument was that the the approved instrument was malfunctioning or was operated improperly, citing the failure of the breath technician to use a N.I.S.T. thermometer.

The Ontario Court of Appeal dismissed his application for leave to appeal and ordered that Mr. Rienguette had to surrender himself into custody to serve the remainder of his sentence. R. v. Rienguette, 2016 ONCA 450