The defendant, Ryan Bhimlal, was charged with having a blood alcohol concentration equal to or greater than 80 milligrams of alcohol in 100 millilitres of blood within two hours of operating a conveyance.
At trial, he challenged the admissibility of breath test results, arguing breaches of his Charter rights under sections 10(a) (prompt information of reasons for detention), 10(b) (right to counsel without delay), and 8 (unreasonable search/seizure due to samples not taken "as soon as practicable").
The court found no breach of section 10(a) or 10(b), deeming the delays reasonable given the officer's inexperience and the actions taken.
The court also found that failure to take samples "as soon as practicable" is not a section 8 breach, and even if it were, the samples were taken reasonably promptly.
The court also performed a s. 24(2) analysis, concluding that even if a s. 10(b) breach occurred, the evidence would not be excluded.
The defendant was found guilty.
