The appellant appealed his summary convictions for impaired care and control and 'over 80'.
He argued the trial judge erred in finding reasonable grounds for the breath demand, in failing to find a section 9 Charter breach for his detention in the back of a police cruiser during the roadside screening test, and in providing insufficient reasons.
The Summary Conviction Appeal Court dismissed the Charter and reasonable grounds arguments, finding the officer had sufficient grounds and the cruiser detention was reasonably necessary due to heavy pedestrian traffic.
However, the court allowed the appeal in part to correct the disposition, entering an acquittal on the impaired count and a conviction on the 'over 80' count.
