The accused was stopped at a RIDE program and subjected to a roadside breath test which he failed.
He was arrested and transported to the detachment for an Intoxilyzer test.
Open alcohol was discovered in his vehicle, and the accused subsequently admitted to consuming alcohol in the car.
The arresting officer, despite 18 years of experience and knowledge of mouth alcohol risks, failed to conduct a second breath test or consider the 15-minute rule.
The court found two Charter breaches: first, the failure to reassess reasonable and probable grounds after discovering open alcohol and the accused's admission of recent consumption; and second, a section 10(b) right to counsel violation.
The court excluded the Intoxilyzer readings and acquitted the accused.
