The appellant appealed summary conviction findings of guilt for impaired operation and refusing to provide a breath sample.
She argued the arresting officer lacked reasonable and probable grounds, unlawfully entered her residence in breach of s. 8 of the Charter, improperly detained her contrary to ss. 9 and 10, and that the evidence did not establish impairment or an intentional refusal to provide breath samples.
The appeal court held that the trial judge made no palpable and overriding errors in credibility findings or factual conclusions.
The officer’s approach to the residence fell within the implied licence to knock doctrine, reasonable grounds existed to arrest based on civilian observations and indicia of impairment, and the evidence supported findings of impairment and intentional refusal.
The convictions were upheld.
