The accused was charged with having care and control of a motor vehicle while his blood alcohol level exceeded 80 milligrams of alcohol in 100 millilitres of blood, contrary to section 253(1) of the Criminal Code.
The accused brought a motion to exclude breathalyzer test results, arguing that his Charter right to counsel under section 10(b) was violated by police following his arrest.
The court found no breach of either the informational or implementational components of the right to counsel.
The accused was convicted after conceding the facts regarding care and control.
