The Crown appealed the accused's acquittal on a charge of operating a motor vehicle with a blood alcohol concentration over 80.
The trial judge had excluded the breath evidence under s. 24(2) of the Charter after finding a s. 8 breach because the arresting officer failed to follow mandatory procedures for operating the approved screening device, thereby lacking reasonable and probable grounds for the arrest.
The Superior Court dismissed the appeal, finding no error in the trial judge's conclusion that the objective basis for the officer's belief was undermined by the failure to follow imperative instructions.
