The defendant was charged with Operation Impaired and Blow Over 80 following a motor vehicle accident.
The defendant applied to exclude breath test results based on alleged Charter breaches, including violations of section 8 (search and seizure), section 10(b) (right to counsel), and section 9 (arbitrary detention) rights.
The court found that the officer breached the defendant's section 10(b) rights by failing to inform him immediately of his right to counsel and by facilitating access to a paralegal rather than a lawyer, without explaining the distinction.
The court excluded the breath test results under section 24(2) of the Charter.
The court also found a reasonable doubt regarding care or control of the vehicle and impairment without the breath readings.
Both charges were dismissed.
