The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration exceeding eighty milligrams.
He brought a Charter application seeking to exclude the breath test results and other evidence, alleging violations of his rights regarding arbitrary detention, unlawful search, privacy, and the right to counsel.
The court dismissed the Charter application, finding that the police had reasonable grounds for the arrest, the search of his vehicle was lawful, and the twelve-minute delay in reading his rights to counsel was justified by practical and compassionate reasons.
Ultimately, the court found the accused guilty on both counts.
