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Accused convicted of dangerous driving but acquitted of impaired driving due to Charter breaches.
The accused was charged with dangerous driving, impaired driving, and driving with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood, arising from a motor vehicle collision on February 8, 2012.
The Crown proceeded summarily.
The trial involved Charter voir dire issues regarding the lawfulness of the breath demand and the accused's right to counsel.
The court found violations of the accused's rights under sections 8 and 10(b) of the Canadian Charter of Rights and Freedoms and excluded the breath sample evidence.
On the merits, the court acquitted the accused of impaired driving but convicted him of dangerous driving based on evidence of cell phone use while driving.
