The defendant, Allen Benson, was charged with impaired driving.
The defense brought a Charter application alleging violations of sections 8, 9, and 10(b) related to police entry into his home without a warrant and delay in reading rights to counsel.
The court dismissed the Charter application, finding no violation of the implied invitation to knock doctrine or section 10(b) rights.
The court then found the Crown proved beyond a reasonable doubt that Benson's ability to drive was impaired by alcohol, based on erratic driving, a collision, the smell of alcohol, and breath samples.
Benson was convicted.
