The appellant appealed his summary conviction for operating a motor vehicle with a blood alcohol concentration over 80mg.
He argued the arresting officer lacked reasonable and probable grounds for a breath demand because she mistakenly arrested him for 'over 80' instead of 'impaired driving', and that the trial judge erred in admitting the breath samples under s. 24(2) of the Charter.
The Summary Conviction Appeal Court dismissed the appeal, finding the officer had both subjective and objective grounds to make the breath demand based on the totality of the circumstances, and that the trial judge correctly admitted the evidence despite the minor s. 9 Charter breach.
