The accused was charged with impaired driving, driving over 80 milligrams of alcohol per 100 millilitres of blood, and driving while suspended.
The defence brought a Charter application seeking exclusion of breath test results, alleging violations of sections 8, 9, and 10(b) of the Charter.
The court found that the officer had reasonable and probable grounds to stop the vehicle and make the breath demand, that the detention was not arbitrary, and that while the right to counsel issue was potentially troubling, the accused failed to exercise appropriate diligence in communicating his preference for his own counsel.
The court found the accused guilty on all counts.
