2 total
Accused found guilty of impaired driving and over 80; Charter challenges regarding roadside demand dismissed.
The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80 mg after a single-vehicle collision.
The accused challenged the lawfulness of the roadside screening demand, her arrests, and the breathalyzer results under sections 8, 9, 10(b), and 7 of the Charter.
The court dismissed the Charter applications, finding the officer's actions lawful and reasonable despite the accused's transient anxiety and hyperventilation.
The court admitted the breath test results and found the accused guilty of both charges based on the conclusive breath readings and cumulative indicia of impairment.
The driver was convicted of exceeding the blood alcohol limit but acquitted of impaired driving.
The defendant was charged with impaired driving and exceeding 80 mg of alcohol per 100 ml of blood following a traffic stop for speeding in Brampton on February 16, 2015.
Police officers observed aberrant driving, detected alcohol on the defendant's breath, and noted red watery eyes and slurred speech.
The defendant was arrested and provided breath samples showing readings of 141 and 135.
The court found the defendant guilty of exceeding 80 but acquitted on the impaired driving charge due to reasonable doubt regarding impairment.
