The accused, Samantha Tripp, was charged with impaired operation of a conveyance and operating a conveyance with a blood alcohol concentration exceeding 80 mg.
The defence argued a breach of her s. 10(b) Charter rights and that breath samples were not taken "as soon as practicable." The court found no Charter breach, as police delay was justified by public safety concerns and practical limitations.
The court also found the breath samples were taken "as soon as practicable" given the circumstances.
The presumption of care and control was not rebutted.
Based on the evidence of police officers and a civilian witness, the court found the accused's ability to operate a conveyance was significantly impaired by alcohol.
Tripp was found guilty of both offences.