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Accused found guilty of impaired driving and refusal; excessive force during arrest warrants sentence reduction.
The accused was charged with impaired operation and refusing to comply with a breath demand after driving erratically and refusing to exit her vehicle during a traffic stop.
The court found the accused guilty of both offences, concluding her ability to drive was impaired by alcohol and she intentionally refused the breath demand.
The court dismissed the accused's s. 10(b) Charter application, finding she understood her right to counsel but chose not to exercise it.
However, the court found a s. 7 Charter breach because an officer used excessive force by yanking the accused out of her vehicle, causing her to fall onto the roadway.
The court declined to order a stay of proceedings or exclude evidence under s. 24(2), determining that a sentence reduction was the appropriate remedy for the breach.
