How has the adjudicator considered the evidence of the petitioner’s drinking pattern and found that a second sample was taken 15 minutes after the petitioner said he had last consumed alcohol?
British Columbia, Canada
The following excerpt is from Mackintosh v British Columbia (Superintendent of Motor Vehicles), 2019 BCSC 344 (CanLII):
Thus, the adjudicator considered the petitioner’s evidence regarding his drinking pattern and found, even based on that, the second sample was taken fifteen minutes after the time that he said he had last consumed alcohol. Her conclusion was reasonable and supported by McConachie v. British Columbia (Superintendent of Motor Vehicles), 2016 BCCA 205.
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