The accused was charged with operating a motor vehicle with a blood alcohol level in excess of the legal limit contrary to s. 253(1)(b) of the Criminal Code.
Following a disturbance call, police observed the accused drinking in public and warned him not to drive.
Approximately 36 minutes later, an officer observed the accused operating a vehicle and followed him to a residence.
The accused failed an approved screening device test and provided two breath samples showing readings of 112 and 113 mgs of alcohol per 100 ml of blood, both exceeding the legal limit of 80 mgs.
The accused claimed he was not driving and alleged police harassment and arbitrary detention.
The court rejected the accused's evidence as internally contradictory and found it contradicted by the credible evidence of the arresting officer.
The court found no evidence of arbitrary detention or Charter breach and convicted the accused.
