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Summary conviction appeal for 'over 80' dismissed; trial judge correctly admitted breath tests despite delayed demand.
The self-represented appellant appealed his summary conviction for 'over 80'.
He argued that the trial judge erred in admitting breath test results despite a delayed breath demand that breached his s. 9 Charter rights, failed to consider a s. 10(b) breach, and conducted an unfair trial.
The Superior Court of Justice dismissed the appeal, finding that the trial judge correctly applied the Grant framework to admit the evidence, that the s. 10(b) issue lacked an evidentiary foundation as it was not raised at trial, and that the trial judge was exceptionally helpful and demonstrated no bias.
