The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80mg after a single-vehicle accident.
The accused brought a Charter application arguing her admission to being the driver was statutorily compelled under s. 199 of the Highway Traffic Act and should be excluded under s. 7, and that the officer lacked reasonable and probable grounds to arrest her, breaching ss. 8 and 9.
The court dismissed the Charter applications, finding the statements were voluntary and not a compelled report, and that the officer had objectively reasonable grounds for the arrest.
The court also found the circumstantial evidence proved beyond a reasonable doubt that the accused was the driver.
Findings of guilt were entered on both charges.
