The applicant brought a pre-trial Charter application seeking a stay of proceedings or exclusion of breath sample evidence, alleging breaches of her ss. 7, 8, 9, and 10(a) and (b) Charter rights following a motor vehicle collision.
The court found that the arresting officer had reasonable and probable grounds to arrest the applicant for impaired driving, based on her admission of alcohol consumption, the smell of alcohol, and her attempt to flee the scene after making a suicidal statement.
The court also found no breach of the applicant's right to counsel, as a 9-minute delay was justified by safety concerns.
The application was dismissed.
