The accused was charged with operating a motor vehicle while having over 80 milligrams of alcohol in 100 millilitres of blood.
Following a roadside screening device failure, the accused was arrested and requested access to French-speaking duty counsel.
A two-hour delay occurred before a French-speaking duty counsel became available.
The court found this delay constituted a breach of the accused's section 10(b) Charter right to retain and instruct counsel without delay.
Applying the Grant test, the court excluded the breath sample evidence as admission would bring the administration of justice into disrepute.
The charge was dismissed.
