The defendant was charged with driving with excess blood alcohol.
He brought a Charter application alleging arbitrary detention (s. 9) and violation of his right to counsel (s. 10(b)).
The court dismissed both Charter claims, finding that the initial stop was a lawful investigative detention and that the police were reasonably diligent in facilitating his right to counsel, despite his lack of diligence in pursuing alternatives.
Consequently, the breath test results were admitted, and the defendant was found guilty.
