The accused was charged with impaired care and control of an automobile and over 80 while having care and control of an automobile arising from an incident on February 16, 2018.
The Crown alleged the accused was observed driving erratically on Highway 401 during rush hour, leading to a traffic stop where the officer observed signs of impairment including the odour of alcohol, dilated pupils, and bloodshot eyes.
The accused was arrested and provided with Duty Counsel at the station.
The accused subsequently requested to call his own lawyer, which request was denied by the breath technician.
The court found no breach of Charter section 10(b) rights based on the accused's concession that he had no issue with the advice given by Duty Counsel, despite his discomfort speaking with a stranger.
The breath test readings were 152 and 149.
The court found the accused guilty of over 80 but not guilty of impaired driving, finding the indicia of impairment minimal and insufficient to prove impairment beyond a reasonable doubt.
The accused was sentenced to a $1,000 fine with one year to pay and a one-year driving prohibition.
