The accused was charged with driving with excess blood alcohol after losing control of her vehicle and striking a pole.
At trial, she brought a Charter application alleging her s. 10(b) right to counsel was violated at the roadside and at the police station.
The court found no breach at the roadside but concluded a breach occurred at the station when the officer failed to correct her mistaken belief that she could only contact local counsel.
Applying the Grant framework under s. 24(2), the court admitted the breath samples, finding the breach was in the low-moderate range of seriousness and society's interest in adjudicating drinking and driving offences favoured admission.
A finding of guilt was entered.
