The accused was charged with being in care and control of a vehicle while her blood alcohol level exceeded the legal limit contrary to s. 253(1)(b) of the Criminal Code.
The defence sought to exclude breath test evidence based on alleged Charter violations: improper wording of the caution under s. 10(b), delay in providing rights to counsel, failure to facilitate contact with counsel of choice, and unreasonable search and seizure under s. 8.
The court found one Charter breach regarding the caution but admitted the evidence under s. 24(2).
The court also found the breath samples were taken as soon as practicable, allowing reliance on the statutory presumption.
The accused was found guilty.
