The defendant was charged with impaired driving and driving with excess alcohol following a traffic stop.
The defendant challenged the arrest on the grounds that the officer lacked reasonable and probable grounds and that his Charter rights to counsel were breached due to his status as a non-native English speaker.
The court found that the officer had reasonable and probable grounds based on the totality of observations including erratic driving, signs of impairment, and admission of alcohol consumption.
The court also found no breach of the right to counsel, determining that the defendant had adequate English proficiency and was properly informed of his options.
The defendant was convicted of both offences.
