The accused was charged with two drinking and driving offences under sections 253(1)(a) and 253(1)(b) of the Criminal Code following a single motor vehicle accident.
The defence challenged the lawfulness of the arrest and breath demand under the Charter, alleging breaches of sections 8 and 9.
The court found that the officer had reasonable and probable grounds for the arrest and breath demand based on the totality of circumstances.
The court convicted on the over-80 charge but acquitted on the impaired driving charge, finding insufficient evidence of impairment of driving ability despite the elevated blood-alcohol readings.
