The accused was charged with impaired driving and driving with a blood alcohol level exceeding the legal limit following a traffic stop in Burlington.
The trial judge found that the arresting officer lacked reasonable and probable grounds for the arrest due to poor note-taking and significant credibility issues.
The officer's testimony regarding slurred speech, shaking hands, and slow motor skills was contradicted by the breath technician's observations and the breath room video.
The court found breaches of sections 8 and 9 of the Charter and excluded the breath test results under section 24(2).
Without the breath evidence and with only minimal observable signs of impairment, the Crown failed to prove guilt beyond a reasonable doubt on the impaired driving charge.
