Ms. Smith appealed her conviction for operating a motor vehicle with a blood alcohol content exceeding the legal limit, alleging breaches of her Charter rights under ss. 8, 9, 10(a), and 10(b).
The trial judge had rejected her evidence regarding these breaches and found no Charter violations.
On appeal, the court upheld the trial judge's findings, concluding that the trial judge properly evaluated the conflicting evidence and that the officer had reasonable grounds for the stop and ASD demand.
The court also affirmed that the right to counsel is suspended during a valid highway traffic stop and that Ms. Smith did not request specific counsel at the police station.
Consequently, the appeal was dismissed.