The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol level over the legal limit.
The accused brought a Charter application alleging a violation of his section 8 rights regarding an unreasonable search and seizure.
The court found that the police officer had reasonable and probable grounds for the arrest and breath demand based on the totality of circumstances, including aggressive driving, physical indicia of impairment, and the accused's uncooperative behaviour.
The court further found that the breath samples were taken within a reasonably prompt time as required by the Criminal Code.
The accused was found guilty of both charges, with the over 80 charge being stayed on the basis of the Kienapple principle.
