Investigating cases in a hospital setting is difficult. The result of the case below points out some issues that can arise:
Ms. Domanska was taken to hospital where blood was taken, however, due to continuity concerns, the trial judge ruled that the blood alcohol level that was derived from this sample was unavailable to the Crown at trial. Moreover, the breathalyzer machine that was taken to the hospital to obtain a sample from her malfunctioned and breath samples were not taken. Accordingly, there was no evidence as to the her alcohol consumption other than her own statements to paramedics at the scene. Ms. Domanska was acquitted of charges that included impaired driving causing bodily harm, and that acquittal was upheld: R. v. Domanska, 2019 ONCA 893