The applicant sought to exclude all evidence obtained during a DUI investigation, including breath sample results, on the basis that his Charter rights under sections 8, 9, and 10(b) were violated.
The court found that the officer had reasonable and probable grounds to arrest the applicant for impaired operation based on observed erratic driving and indicia of impairment.
However, the court found a significant breach of the applicant's section 10(b) right to counsel by failing to provide a reasonable opportunity to contact his counsel of choice before requiring breath samples.
The court excluded the breath test evidence and subsequent statements under section 24(2) of the Charter.
