The accused was charged with impaired operation of a motor vehicle and operation with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The Crown alleged the accused drove while impaired after consuming alcohol and subsequently crashed her vehicle into a ditch.
The defence raised Charter violations regarding the right to counsel, arguing the accused did not understand her rights and that the police failed to adequately explain them or inform her of duty counsel availability.
The court found a breach of section 10(b) of the Canadian Charter of Rights and Freedoms and excluded the breath test evidence.
On the impairment charge, the court found the Crown had not proven impairment beyond a reasonable doubt, considering the accused's cognitive disability from a prior head injury and alternative explanations for observed symptoms.
