The defendant was charged with operating a motor vehicle while his blood alcohol readings exceeded 80 milligrams of alcohol in 100 milliliters of blood.
The defendant brought a Charter application challenging whether the officer had reasonable grounds to arrest him for impaired driving and to demand breath samples.
The trial proceeded by way of a blended voir dire.
The court found that the officer had both subjective and objective reasonable grounds for the arrest based on a constellation of factors including a 911 report of an impaired driver, detailed vehicle description, dispatch information about swerving, observations of unsteadiness, admission of recent alcohol consumption, strong odour of alcohol on breath, and slightly slurred speech.
The court rejected the defendant's arguments that the officer should have conducted further investigative steps before making the arrest.
The defendant's Charter rights under sections 8 and 9 were not violated.
The defendant was found guilty as charged.
