The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood.
The trial judge found multiple Charter violations: the accused was detained for investigative purposes without being informed of the reason for detention or his right to counsel; he was not advised of his right to counsel immediately upon arrest; and he was unlawfully over-held in custody for approximately four hours following the breath testing procedure.
The trial judge excluded the breath sample readings and observations of impairment under section 24(2) of the Charter due to the cumulative effect of these breaches.
The over 80 charge was dismissed.
On the impaired driving charge, the trial judge found the evidence of impairment insufficient to meet the standard of proof beyond a reasonable doubt and acquitted the accused.
