The accused was charged with driving with excess alcohol.
After being stopped, the officer discovered outstanding warrants and arrested the accused, but failed to immediately provide the right to counsel due to the accused's concerns about his child in the vehicle.
The officer subsequently smelled alcohol, initiated a drinking and driving investigation, and the accused failed a roadside test and subsequent breathalyzer tests.
The court found a technical breach of the accused's right to counsel upon the initial arrest but declined to exclude the breathalyzer evidence under s. 24(2) of the Charter.
The court also rejected defence arguments regarding the admissibility of the breath test results under recent Criminal Code amendments.
The accused was found guilty, fined $1,000, and prohibited from driving for one year.
