The appellant, Craig Warling, appealed his conviction for operating a motor vehicle with a blood alcohol concentration exceeding 80 mg, contrary to s. 253(1)(b) of the Criminal Code.
The appeal raised three grounds: error in applying the legal test for Officer in Charge release under s. 498 of the Criminal Code, error in finding no connection between the purported Charter breach (arbitrary detention) and breath readings for s. 24(2) analysis, and error in determining the seriousness and impact of the s. 24(2) breach.
The Superior Court of Justice dismissed the appeal, finding that the trial judge correctly determined that the police acted reasonably in detaining the appellant for a bail hearing given his non-resident status and other factors.
The court also found no contextual connection between the alleged arbitrary detention and the breath samples, and that even if a breach occurred, its impact was minimal, thus not warranting exclusion of evidence under s. 24(2) of the Charter.
