The defendant was charged with impaired operation of a motor vehicle and driving with an excess blood alcohol concentration (BAC).
Police received a complaint of a possibly impaired driver, identified the vehicle by license plate, and arrested the defendant at his home.
The defendant challenged the lawfulness of the arrest and the breath sample demand under the Charter.
The court found the arrest was lawful based on reasonable grounds, dismissed the Charter application, and acquitted the defendant on the impaired driving charge but convicted him on the excess BAC charge.
