The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration exceeding 80 mg, arguing the trial judge erred in admitting breath certificate evidence under s. 24(2) of the Charter.
The trial judge had found a s. 10(b) breach because the arresting officer failed to facilitate the appellant's request to call his girlfriend to obtain a lawyer's name.
The summary conviction appeal court found no palpable and overriding error in the trial judge's Grant analysis, concluding she properly assessed the seriousness of the breach and the officers' conduct.
The appeal was dismissed.
