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Client found not guilty after trial in the Ontario Court of Justice based upon a “bolus” drinking defence. The accused testified that he consumed whiskey 20 to 30 minutes prior to being stopped by police. The readings that were 161 mg and 153 mg were consistent with his pattern of drinking, but as explained through expert evidence, at the time the client was stopped by police, the alcohol he consumed would have only been 50% absorbed and he would have been under the legal limit at the time of driving. Defence lawyer Joseph Neuberger argued that this amount to “evidence to the contrary” and that the client ought to be acquitted. The evidence of all three defence witnesses were accepted and the client was found not guilty.
