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The court dismissed the defendant's Charter application, finding reasonable grounds for arrest, and convicted him of driving with excess alcohol while acquitting him of impaired driving.
The defendant was charged with impaired driving and driving with excess alcohol following a traffic stop on December 31, 2015.
The defendant challenged whether the arresting officer had reasonable and probable grounds to arrest him for impaired driving and sought to exclude the breath test results.
The court found that the officer had reasonable and probable grounds to arrest based on the totality of circumstances, including slow driving, driving without lights, a wide turn, failure to move to the side of the road when emergency lights were activated, and the smell of alcohol.
However, the court found insufficient evidence to prove beyond a reasonable doubt that the defendant was impaired by alcohol.
The defendant was acquitted of impaired driving but convicted of operating a motor vehicle with excess alcohol (160 mgs per 100 milliliters of blood).
