The defendant, Milan Tosic, was charged with impaired operation of a conveyance and operating a conveyance with a blood alcohol concentration exceeding 80 mg.
The trial included a Charter application alleging breaches of sections 8 and 10 of the Canadian Charter of Rights and Freedoms, specifically concerning police entry onto private property and the timing of detention and rights to counsel.
The court dismissed the Charter application, finding that police acted within the implied license to investigate and that detention began when the defendant voluntarily exited his residence.
Based on the admissible evidence, including civilian testimony of erratic driving, police observations of impairment, and breath test results, the court found the defendant guilty of impaired operation, staying the over 80 charge under the Kienapple principle.