The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80 mg after a single-vehicle collision.
The accused challenged the lawfulness of the roadside screening demand, her arrests, and the breathalyzer results under sections 8, 9, 10(b), and 7 of the Charter.
The court dismissed the Charter applications, finding the officer's actions lawful and reasonable despite the accused's transient anxiety and hyperventilation.
The court admitted the breath test results and found the accused guilty of both charges based on the conclusive breath readings and cumulative indicia of impairment.
