The accused was charged with impaired driving contrary to s. 253(1)(a) of the Criminal Code and driving with excess blood alcohol contrary to s. 253(1)(b).
The trial addressed two issues: whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol consumption, and whether the accused's rights to counsel were violated by police failing to provide legal advice in Korean.
The court found the accused guilty on both counts, rejecting the accused's explanations for observed signs of impairment and finding no Charter violation regarding the right to counsel.
