The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 mL of blood following a roadside stop on June 22, 2011.
The Crown proceeded summarily.
The accused brought Charter applications challenging the admissibility of breath test evidence and alleging breaches of her rights.
The court found no breach of sections 7 or 11(d) regarding access to the Intoxilyzer 8000C, but found a breach of section 9 (arbitrary detention) due to over-holding for approximately 7 hours after breath tests were completed.
The court admitted the breath test evidence and found the accused guilty of the over 80 charge.
The impaired charge was conditionally stayed.
A nominal fine of $100 with enhanced credit for time served and a one-year driving prohibition were imposed as remedy for the section 9 breach.
