The appellant was convicted of impaired operation of a motor vehicle, having a blood alcohol concentration exceeding the legal limit within two hours of operating a motor vehicle contrary to the Criminal Code, and operating a motor vehicle while licensed as a young driver with a blood alcohol concentration over zero contrary to the Highway Traffic Act.
The appellant appealed on grounds that the trial judge erred in law and misapprehended material evidence regarding: (1) his reasonable expectation of privacy in the ambulance; (2) when the officer detected an odor of alcohol; and (3) when the officer's grounds to issue a breath demand crystallized.
The appeal was dismissed.
The appellate court found no material misapprehension of evidence, no legal error, and that the trial judge's findings were reasonably available on the record.
