The accused was charged with impaired driving and driving with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
Police officers observed a vehicle on Highway 105 near a R.I.D.E. checkpoint and followed it to a parking lot where they found the accused sleeping in a vehicle.
The officers detained the accused and administered an approved screening device and breathalyzer tests without proper Charter compliance.
The court found breaches of sections 8, 9, and 10 of the Canadian Charter of Rights and Freedoms and excluded the evidence under section 24(2), resulting in an acquittal.
