The defendant, Marta Bueno Troncoso, was charged with impaired operation of a conveyance and operating a conveyance with over the legal limit of alcohol.
The court found a breach of her s. 10(b) Charter rights due to an unexplained delay in providing rights to counsel and a failure to facilitate her right to counsel of choice, leading to the exclusion of breath test results under s. 24(2) of the Charter.
The court dismissed claims of s. 8 and s. 10(a) breaches, and found no arbitrary detention under s. 9.
Consequently, the defendant was found not guilty of the over-limit charge.
However, based on civilian and police observations of impairment, the defendant was found guilty of impaired operation, as alcohol was a contributing factor to her impairment, notwithstanding her claim of fatigue.