The accused was charged with impaired driving, driving with a blood alcohol level over 80 mg per 100 ml of blood, and Highway Traffic Act offences related to being a novice driver with a blood alcohol level exceeding zero.
The defence raised Charter violations regarding the arrest and the right to counsel, alleging language barriers.
The court found that the police had objective grounds to arrest the accused based on the serious single-vehicle collision, witness observations of reckless driving, and indicia of impairment.
The court also found no breach of the right to counsel, determining that special circumstances related to language comprehension did not exist.
On the merits, the court found overwhelming evidence of impairment and identified the accused as the driver beyond a reasonable doubt.
