The accused was charged with impaired driving and operation of a motor vehicle with a blood alcohol concentration over 80 milligrams per 100 milliliters of blood.
The Crown withdrew the impaired driving charge and proceeded on the care and control over 80 charge.
The accused challenged the lawfulness of his detention, the seizure of his breath samples, and his right to counsel under the Charter.
The court found no breaches of sections 9, 8, or 10(b) of the Charter.
The accused's detention was lawful based on reasonable grounds to suspect alcohol consumption.
The arrest and breath demand were supported by reasonable and probable grounds.
The accused's right to counsel was properly explained, and his refusal was firm and unequivocal.
The accused was found guilty of care and control over 80.
