The accused was stopped for speeding and erratic driving.
The lone police officer noted a mild odour of alcohol and irrational, confrontational behaviour from the accused.
Fearing for his safety, the officer delayed his investigation and the reading of Charter rights until backup arrived.
Once backup arrived, an approved screening device demand was made, but the accused failed to provide a suitable sample and displayed further signs of impairment.
He was arrested, provided breath samples over the legal limit, and charged with impaired driving and 'over 80'.
The court dismissed the accused's Charter applications under ss. 7, 8, 9, 10(a), and 10(b), finding the delay in rights to counsel was justified by valid officer safety concerns, and that the officers had the requisite reasonable suspicion and reasonable and probable grounds.
The accused was found guilty.
