The accused was charged with operating a motor vehicle with more than 80 mg of alcohol in 100 mL of blood.
The defence brought Charter applications alleging breaches of sections 8, 9, and 10(b) of the Charter.
The trial judge dismissed all Charter applications and found the breath samples admissible and reliable.
The court found the officer had reasonable suspicion to make the approved screening device demand, the officer's misstatement regarding calibration did not undermine reasonable and probable grounds for arrest, there was no realistic opportunity to consult counsel before the ASD arrived, and the breath samples were taken as soon as practicable.
