The accused was charged with care or control of a motor vehicle while impaired by alcohol contrary to section 253(1)(a) of the Criminal Code, and with having care or control of a motor vehicle with a blood-alcohol level exceeding 80 mg per 100 ml of blood contrary to section 253(1)(b).
The accused challenged the admissibility of breath samples and statements on Charter grounds, arguing violations of section 8 (unreasonable search and seizure) and section 10(b) (right to counsel).
The court found that the arresting officer had reasonable and probable grounds to arrest and demand breath samples based on the single motor vehicle accident, the accused's proximity to the driver's side door, and signs of impairment.
The court also found no violation of the right to counsel.
The court admitted all evidence and found the accused guilty of both offences based on toxicological evidence establishing blood-alcohol levels well in excess of the legal limit at the time of the accident.
