The accused was charged with impaired driving and refusing to provide a breath sample following a traffic stop for allegedly running a red light.
The court found insufficient evidence of impairment beyond a reasonable doubt.
The accused's driving was normal apart from the disputed intersection turn, he exhibited no signs of impairment such as unsteadiness, and the only indicators were odour of alcohol and red eyes.
The court determined there were no objectively reasonable grounds for arrest for impaired driving, rendering the breath demand unlawful.
Consequently, the refusal to provide a breath sample was not an offence.
The accused was acquitted of both charges.
