The accused was charged with impaired driving and refusing to provide a breath sample.
The police stopped the accused on the private driveway of his condominium after receiving a civilian complaint about his driving.
The court acquitted the accused of impaired driving due to reasonable doubt regarding the arresting officer's memory and observations, which were contradicted by video evidence.
However, the court found the accused guilty of refusing to provide a breath sample, rejecting his Charter arguments under s. 10(b) and his reliance on R. v. McColman regarding the private driveway stop.
An application for unreasonable delay under s. 11(b) of the Charter was also dismissed, as the delay was attributed to both parties underestimating the required trial time.
