The defendant was charged with Driving Impaired and Driving Over 80 following observations of erratic driving and a roadside stop.
The defendant challenged the lawfulness of his arrest, arguing a violation of section 9 Charter rights (arbitrary detention) leading to an unlawful search under section 8.
The court found the officer lacked reasonable and probable grounds to arrest the defendant, despite having grounds to suspect impairment warranting a roadside screening test.
The court excluded the breath sample evidence under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute.
The defendant was acquitted on both charges.
