The accused, Danielle Anderson, was charged with operating a motor vehicle with over 80 milligrams of alcohol in 100 millilitres of blood.
She sought to exclude breath test evidence under s. 24(2) of the Charter, alleging violations of ss. 8, 9, and 10(b) related to the "forthwith" requirement for Approved Screening Device (ASD) demand and test, immediate right to counsel (RTC) upon arrest, and taking Approved Instrument (AI) breath samples "as soon as practicable." The court found that the ASD demand and test were made forthwith, the RTC was provided promptly upon arrest, and the police acted reasonably in taking breath samples.
The Charter application was dismissed, and the accused was found guilty of the "Over 80" charge.
