The accused was charged with Operation Impaired and Operation Over 80 following a single-vehicle collision with a guardrail on Highway 401.
The Crown alleged the defendant drove while having more than the legal limit of alcohol in his system.
The defence raised three issues: a breach of s. 10(b) Charter rights, that breath tests were not taken as soon as practicable, and that the Crown failed to prove impairment.
The court found no meaningful breach of Charter rights, that the breath tests were taken as soon as practicable within the circumstances, and that the defendant's ability to drive was impaired by alcohol.
The defendant was found guilty on both counts, with the Operation Impaired charge stayed.
