What is the test for a breathalyser test to determine whether an accused has been found guilty of assault?
British Columbia, Canada
The following excerpt is from R. v. Pozderec, 2001 BCPC 458 (CanLII):
Evidence to the contrary must raise a reasonable doubt. The court must consider all of the evidence in deciding whether to accept or reject the evidence to the contrary. The court cannot rely on the breathalyser results alone to assess the credibility of the accused who has proffered evidence to the contrary. See Regina v. Jedig, [2000] O.J. No. 1120, Ontario Supreme Court of Justice.
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