The accused was charged with failing to stop, impaired operation, and operating a vehicle with excess alcohol after his truck collided with a parked car.
The court found the accused guilty of failing to stop.
However, the court dismissed the impaired operation charge due to insufficient evidence of impairment.
The court also found a breach of the accused's s. 10(b) Charter right to counsel due to police failing to ensure he understood his rights despite obvious language difficulties.
Applying the Grant framework, the court excluded the breath sample evidence under s. 24(2), resulting in the dismissal of the excess alcohol charge.
