The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The Crown proceeded summarily.
The accused challenged the admissibility of breath test results under sections 8 and 9 of the Canadian Charter of Rights and Freedoms, arguing the police lacked reasonable suspicion for the approved screening device demand and reasonable and probable grounds for the breath demand.
The accused also challenged whether the breath tests were conducted as soon as practicable.
The court found the police had reasonable suspicion and reasonable and probable grounds, dismissed the Charter application, and found the breath tests were conducted as soon as practicable.
The accused was convicted.
