The accused was charged with impaired care and control and 'over 80' after being found stopped in a live lane on the Gardiner Expressway.
The court found the accused guilty of impaired care and control based on physical symptoms and the dangerous location of the vehicle.
However, the court dismissed the 'over 80' charge, finding that the accused's s. 10(a) and 10(b) Charter rights were breached because the police failed to ensure he understood his right to counsel given his limited English proficiency.
The breathalyzer readings were excluded under s. 24(2) of the Charter.
