The accused was charged with impaired driving and driving with excess blood alcohol after his vehicle was found in a ditch.
The court dismissed a Charter application alleging an unlawful roadside screening, finding the officer had a reasonable suspicion of alcohol in the accused's body based on his stumbling, slurred speech, and the smell of alcohol.
However, the court acquitted the accused on both charges.
The Crown failed to prove the breath samples were taken within two hours of driving, precluding reliance on the presumption of accuracy.
Furthermore, there was insufficient evidence to prove the accused was the driver or that his ability to drive was impaired by alcohol.
