The accused was charged with impaired operation and operating a vehicle with a blood alcohol concentration over the legal limit after his truck was found in a ditch.
The central issue at trial was the identity of the driver, which relied on the admissibility of the accused's statements to police at the roadside and to the breath technician.
The court found that the accused was not detained at the roadside when he admitted to driving, and that police questioning prior to the breath test did not constitute trickery or oppression.
Both statements were ruled voluntary and admissible, establishing the accused's identity as the driver and resulting in a finding of guilt.
