The accused was charged with impaired driving and operating a motor vehicle with excess blood alcohol following a civilian complaint about erratic driving.
At trial, the accused brought a Charter challenge under sections 8 and 9, arguing the arresting officer lacked reasonable and probable grounds and delayed the breath demand.
The court dismissed the Charter applications, finding the officer had sufficient grounds based on indicia of impairment, including staggering and slurred speech.
The court accepted the breath readings and toxicologist report, finding the accused guilty on both counts.
