The accused was charged with impaired driving and driving 'over 80' after his vehicle became stuck in a snow bank.
The accused brought a Charter application alleging breaches of his rights under sections 8 and 9, arguing the arresting officer lacked reasonable and probable grounds for a breath demand due to an allegedly outdated calibration sticker on the screening device and an error code.
The court dismissed the Charter application, finding the officer made a reasonable mistake regarding the calibration date and had objective grounds for the demand.
On the trial issues, the court found the accused was in care or control of the vehicle within two hours of the breath tests, allowing the Crown to rely on the statutory presumption.
The court also found the accused guilty of impaired driving based on observations of unsteadiness, slurred speech, and the unexplained accident.
