The accused was charged with Over 80 following a traffic stop on Highway 400.
The Crown alleged the accused was in care or control of a motor vehicle with a blood alcohol content exceeding 80 mg per 100 ml of blood.
The defence raised multiple Charter and non-Charter issues, including challenges to the grounds for the ASD demand, the timing of rights to counsel, the adequacy of legal advice received, and whether the accused was in de facto care or control.
The court found the Crown proved de facto care or control beyond a reasonable doubt and convicted the accused.