The accused was charged with "Over 80" following a RIDE stop in Mississauga where he registered a fail on an approved screening device.
At trial, the Crown sought to rely on breath samples showing readings of 130 and 120 mg/100mL.
The defence raised three Charter arguments: (1) that the Crown failed to establish the concentration of the alcohol standard solution for the presumption of accuracy under s. 320.31 of the Criminal Code; (2) that the accused's right to counsel under s. 10(b) was breached by failing to facilitate his request to contact a friend to obtain his lawyer of choice and by "funnelling" him toward duty counsel; and (3) that the accused's right to be free from arbitrary detention under s. 9 was breached by being held for approximately two hours after the breath tests without a timely assessment of his suitability for release.
The court found breaches of s. 10(b) and s. 9, and excluded the breath evidence under s. 24(2) of the Charter, resulting in dismissal of the charge.
