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ontario judge blood-alcohol level breath-test $1000 fine driving ban

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#1 Hum

Hum

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Posted 14 October 2013 - 06:19

A Sarnia man refuted his alcohol breath readings in court, claiming the readings woud have been elevated after he put alcohol in his ears to test a Jesus theory. :huh:

Robert D. Bourque, 55, was convicted following his trial in Sarnia court of driving while his blood-alcohol level exceeded the legal limit. He was fined $1,000.

On Nov. 10, 2012, at 8 p.m. an OPP officer stopped Bourque's vehicle was because the taillights were out.

Breath tests showed Bourque's blood-alcohol level was one and a quarter times the legal limit.

Bourque, who represented himself, testified he had put alcohol in his ears as part of an experiment to determine how Jesus restored the hearing of deaf people.

Alcohol from his ears got into his throat and that increased the breath-test results, Bourque argued.

Bourque also testified he had consumed three beers at a pizza restaurant before being stopped and had one beer earlier in the day.

Justice R.G. Hunter said there was no expert evidence regarding the breath-test machine's accuracy. Hunter said he found the readings to be accurate and convicted Bourque.

A $1,400 fine was requested by assistant Crown attorney Krista Leszczynski based Bourque’s previous, although dated, drinking-and-driving conviction.

A formal notice that would have prompted a mandatory jail sentence had not filed with the court due to the age of the conviction.

A $1,000 fine was imposed by Hunter along with a one-year driving ban.

During his submissions Bourque said his constitutional rights were violated due to release conditions imposed by the officer, including a driving ban until the court case ended.

The officer testified the condition was imposed by the direction of the Crown.

Hunter said such bans are "totally wrong" and fly in the face of the presumption of innocence.

Bourque had been charged with violating the ban but there were no court proceedings on that charge.

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