The defendant was charged with Over 80 following a traffic stop at a pub parking lot.
The defendant challenged the admissibility of breath test results on Charter grounds, alleging violations of section 8 (unreasonable search) and section 10(b) (right to counsel) rights.
The Crown sought to uphold the breath readings.
The court found that the delay in administering the approved screening device test was reasonable to allow for dissipation of residual mouth alcohol, and that the defendant's Charter rights were not violated.
The defendant was afforded access to counsel through an unrestricted cell phone and was read his rights.
A finding of guilt was registered.
