The appellant appealed his summary conviction for operating a motor vehicle with a blood alcohol concentration over 80.
He argued the trial judge erred in dismissing his Charter claims under ss. 8, 9, and 10(b), specifically challenging the reliability of the arresting officer's evidence, the validity of a delayed breath demand, and whether his right to counsel was provided without delay.
The Superior Court of Justice dismissed the appeal, finding no errors of law or palpable and overriding errors of fact in the trial judge's assessment of the evidence and application of the law.
