The accused, Mauricio Carrillo, was charged with impaired driving and driving with a blood alcohol level over 80 mg/100 mL following a motor vehicle collision where he sustained a broken femur.
He filed a Charter application alleging violations of his s. 7, s. 8, and s. 9 rights.
The court dismissed the Charter application, finding that the police had reasonable grounds for arrest and breath demand, and that the breath sample procedure, though painful for the accused, did not violate his s. 7 right to security of the person given medical clearance and the accused's cooperation.
While the Crown proved the "Over 80" charge, the court found that impairment beyond a reasonable doubt was not established, leading to an acquittal on the impaired driving charge.