The appellant appealed a conviction for having care or control of a motor vehicle with a blood alcohol concentration exceeding the legal limit following a single-vehicle incident in which the vehicle came to rest on a snow bank.
The appeal raised numerous alleged errors including lack of reasonable grounds for arrest and breath demand, violations of Charter ss. 8 and 10(b), improper admission of statements, misapprehension of evidence, and insufficiency of reasons.
The court held that the arresting officer had reasonable grounds based on observed indicia of impairment and that the appellant had been properly advised of and declined her right to counsel.
The court also found that any potential misapprehension regarding the vehicle’s speed was peripheral and did not affect the outcome.
The conviction and sentence were therefore affirmed.
