The defendant was charged with impaired operation of a motor vehicle and operation with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The Crown's case was based on observations by paramedics of erratic driving, police observations at the scene, and breath sample readings.
The defendant challenged the lawfulness of his arrest, the demand for breath samples, and his detention.
The court found Charter violations: a breach of s. 8 regarding the "as soon as practicable" requirement for obtaining breath samples, and a breach of s. 9 regarding arbitrary detention (overhold).
The breath sample evidence was excluded as a remedy.
However, the court found the defendant guilty of impaired operation based on the paramedics' and officers' observations of the defendant's driving and physical condition.
The defendant was acquitted of the Over 80 charge due to exclusion of the breath readings.
