The defendant, Regina Dos Santos, was charged with impaired driving, driving with an excess blood alcohol concentration (BAC), and two Highway Traffic Act offences.
The trial included a Charter application challenging the lawfulness of her arrest and the admissibility of breath test results.
The court found that while the police had reasonable grounds for arrest, the defendant's s. 10(b) Charter right to counsel was violated due to the police's failure to address her obvious language difficulties, leading to the exclusion of the breath test evidence.
Consequently, the defendant was acquitted of the excess BAC charge.
However, based on circumstantial evidence, including her poor driving, vehicle damage, admission of alcohol consumption, and statements, the court found her guilty of impaired driving.
The remaining provincial offence was left for further submissions.
