Edward Prutschi

The accused was charged with driving with a blood alcohol concentration of 80 or higher.

The sole issue at trial was the admissibility of breath results.

The accused alleged violations of s. 8 (unreasonable search and seizure) and s. 10(b) (right to counsel) of the Canadian Charter of Rights and Freedoms.

The court found no violation of s. 8 regarding the timing of breath samples ("as soon as practicable").

However, the court found a violation of s. 10(b) because the officer failed to inform the accused of his right to counsel immediately upon arrest, instead waiting eleven minutes.

Applying the s. 24(2) exclusionary analysis from R. v. Grant, the court admitted the evidence, finding the breach was of moderate severity, the impact on the accused's Charter-protected interests was limited, and society's interest in adjudication on the merits was strong.

The accused was found guilty.