The defendant was charged with impaired driving and exceeding 80 mg of alcohol in blood following a traffic stop on December 18, 2010.
The defendant challenged the admissibility of breath test results on Charter grounds, arguing violations of sections 8 and 9.
The court rejected the defendant's argument that he was arbitrarily detained when directed to sit in the police car during computer checks, finding that while the detention may not have been reasonably necessary, the evidence should not be excluded under the test in R v Aucoin.
The court also found that the arresting officer had reasonable grounds for arrest and the breath demand based on observed signs of impairment.
