The accused was charged with 'Over 80' and impaired driving after his truck collided with a pole.
The trial judge found that the arresting officer lacked reasonable and probable grounds to arrest the accused for impaired driving due to the officer's unreliable and contradictory evidence, resulting in a breach of section 8 of the Charter.
The court also found a breach of section 10(b) because the police refused to allow the accused to call his lawyer at the roadside despite having his phone and the opportunity to do so.
Applying the Grant framework, the court excluded the breath sample evidence under section 24(2).
Without the breath readings, and finding the toxicologist's report insufficient, the court concluded the Crown failed to prove impairment beyond a reasonable doubt and dismissed all charges.
