The accused was charged with driving with more than the legal limit of alcohol in his blood.
The defence challenged the validity of the traffic stop and the roadside screening demand, alleging arbitrary detention and breaches of Charter sections 7, 8, and 9.
The court conducted a Charter voir dire and found that the officer had reasonable grounds to stop the vehicle based on a suspected Highway Traffic Act section 168 violation (improper use of highbeams).
The court further found that the officer had reasonable suspicion to demand a roadside breath sample based on the detected odour of alcohol on the driver's breath.
The Charter application was dismissed, the breath sample evidence was admitted, and the accused was convicted.
