The accused was charged with driving with excess alcohol in his system and impaired operation of a motor vehicle following a motor vehicle collision at 2 a.m. on July 4, 2016.
The accused sought Charter relief on two grounds: first, that police lacked sufficient grounds for detention in violation of s. 9 Charter rights, and second, that police breached s. 10(a) and (b) Charter rights by delaying the provision of rights to counsel.
The court found that the initial arrest was lawful based on objective grounds including the smell of alcohol, red eyes, and the context of a severe collision.
The court found a breach of s. 10(b) rights due to a five-minute delay in providing rights to counsel after a second officer arrived on scene, but found the breath demand was lawful and the evidence admissible under s. 24(2) of the Charter.
The accused was found guilty of both charges.
