The accused was charged with impaired operation and over 80 milligrams of alcohol in 100 millilitres of blood following a motor vehicle stop on November 3, 2013 in Cambridge, Ontario.
The defence brought Charter applications alleging breaches of sections 8 and 7 of the Charter based on: (1) the failure to conduct breath tests as soon as practicable; and (2) the failure to videotape the second breath sample.
The court dismissed both Charter applications, finding that the police acted reasonably in the circumstances and that any failure to preserve the video evidence did not constitute unacceptable negligence.
The court found the accused guilty on both counts based on the totality of evidence including civilian witness observations of impaired driving, police observations at the scene, and toxicology evidence.
