The defendant was charged with driving with a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood.
The trial proceeded as a blended trial and Charter application.
The defence challenged the admissibility of breath test results on two grounds: first, that the tests were not taken as soon as practicable as required by the Criminal Code; and second, that the defendant's privacy rights under section 8 of the Charter were breached by video recording in the police cell while using the toilet.
The court found that the breath tests were taken as soon as practicable and that no Charter breach occurred.
The defendant was convicted.
