The accused was charged with impaired care or control and over 80.
She brought a Charter application alleging violations of ss. 8, 9, and 10(b), arguing the arresting officer lacked reasonable and probable grounds and that her right to counsel was infringed due to a staticky phone line when speaking to duty counsel.
The court dismissed the Charter application, finding the officer had ample objective and subjective grounds based on the accused's driving, physical indicia of impairment, and admissions.
The court also found no s. 10(b) violation, as the accused failed to be duly diligent in exercising her rights and indicated to police that she was satisfied with the legal advice received.
The accused was found guilty of the over 80 charge.
