The defendant was stopped for speeding and subsequently investigated for drinking and driving.
He failed a roadside screening test and later provided breath samples over the legal limit.
At trial, the defendant sought to exclude the breath test results under s. 24(2) of the Charter, alleging breaches of his ss. 7, 8, 9, and 10(b) rights due to a delay in administering the roadside test and police allegedly steering him to duty counsel.
The court dismissed the Charter applications, finding no breaches, and entered a finding of guilt for operating a motor vehicle with a blood alcohol concentration over 80mg.