The accused was charged with impaired driving and operating a motor vehicle after consuming alcohol in excess of the legal limit.
The Crown alleged the accused was observed driving erratically, failed a roadside screening device test, and provided breath samples showing 140 mg of alcohol per 100 mL of blood.
The defence challenged the admissibility of the breath samples on Charter grounds, alleging breaches of sections 8 and 9.
The court found no breach regarding the screening device calibration or the vehicle inventory search, but acknowledged a breach of section 9 regarding the accused's continued detention.
However, the court admitted the breath evidence under section 24(2) of the Charter.
On the merits, the court found the accused guilty of operating a motor vehicle after consuming alcohol in excess of the legal limit but acquitted on the impaired driving charge, finding insufficient evidence of actual impairment.
