The accused was charged with care and control of a motor vehicle with a blood alcohol concentration exceeding the legal limit.
The defence raised multiple Charter applications alleging violations of sections 7, 8, 9, 10(b), and 11(c).
The trial judge dismissed all Charter applications, finding that the officer had reasonable grounds to make the roadside breath demand based on observations of physical indicia of impairment, that the demand was made forthwith, and that the breath samples were obtained as soon as practicable.
The accused was found guilty as charged.
