The accused was stopped at a RIDE program and failed a roadside breath test.
Before leaving the scene, the arresting officer discovered open alcohol in the vehicle and the accused admitted to drinking while being stopped.
Despite knowing the risks of mouth alcohol, the officer did not conduct a second roadside test.
The court found this failure vitiated the officer's reasonable and probable grounds for arrest.
Additionally, there was an unexplained seven-minute delay in providing the accused with his right to counsel.
Due to these multiple Charter breaches, the court excluded the breathalyzer readings under section 24(2) and acquitted the accused.
