The accused was charged with operating a motor vehicle with a blood alcohol level in excess of the legal limit contrary to s.253(1)(b) of the Criminal Code.
The defence raised seven Charter violations including arbitrary stop and detention, failure to inform of reasons for detention, failure to advise of right to counsel, illegal pat-down search, lack of reasonable suspicion for ASD demand, and denial of counsel of choice.
The court found no Charter breaches and admitted the breath test evidence.
The accused was found guilty.
