The defendant was charged with impaired driving and driving with over 80 mg of alcohol in 100 ml of blood following a motor vehicle collision.
The defendant advanced a Charter s. 10(b) challenge, arguing she was detained without being advised of her rights to counsel.
The court found the defendant was psychologically detained when police left her in an ambulance stating "I'll be back" thereby breaching her s. 10(b) rights.
The breath test evidence was excluded pursuant to s. 24(2) of the Charter.
However, the court found the defendant guilty of impaired driving based on circumstantial evidence including her alcohol consumption at the bar, the nature of the collision, and expert evidence regarding impairment.
The defendant was acquitted of the over 80 mg charge due to the exclusion of breath samples.
