The defendant was charged with care or control of a motor vehicle while impaired by alcohol and while his blood alcohol level exceeded the legal limit, following a single-vehicle accident on January 21, 2017.
The defendant challenged the arrest and breath demand on Charter grounds, arguing violations of sections 7, 8, 9, and 10, and sought exclusion of evidence or a stay of proceedings.
The defendant also argued the Crown failed to prove he was the driver, that the breath samples were not taken as soon as practicable, and that the statutory presumptions did not apply due to uncertainty about the time of the accident.
The court found the defendant guilty, rejecting all Charter challenges and finding that the officer had reasonable and probable grounds to arrest and that the breath demand was lawful.
