The appellant appealed his conviction for driving with over 80 milligrams of alcohol, arguing that his Charter rights under ss. 8, 9, and 10(b) were breached during a traffic stop.
The trial judge had found the evidence of the appellant and the arresting officer equally credible, concluding the appellant failed to meet his burden of proving a Charter breach on a balance of probabilities.
The Superior Court of Justice dismissed the appeal, finding that the trial judge was entitled to find both witnesses equally credible, provided sufficient reasons for her decision, and made findings of fact supported by the evidence.
