A police sergeant charged with impaired operation of a motor vehicle and operating a motor vehicle with greater than 80 mg of alcohol in 100 mL of blood following a collision with a motorcycle.
The defendant challenged the admissibility of evidence on Charter grounds, including allegations of breaches of sections 7, 8, 9, and 10(b).
The court found that while the defendant's initial statements to the first officer were compelled under the Highway Traffic Act and therefore excluded, subsequent statements and observations provided sufficient grounds for arrest and breath demand.
The court rejected the defendant's credibility and found her guilty of both charges based on the observations of multiple officers who knew her in a sober state, the breath test results, and the toxicological evidence.
