The accused was involved in a serious motor vehicle collision where her vehicle crossed the median and struck a post.
Police arrived and moved her from the hazardous roadway, subsequently noting signs of impairment and arresting her.
The accused brought a blended Charter application alleging breaches of ss. 8, 9, 10(a), and 10(b) regarding her arrest, alleged prior detention, and right to counsel.
The court dismissed the Charter application, finding the officers had reasonable and probable grounds, the initial interaction was not a detention, and the accused understood her rights despite being obstinate.
The court found the accused guilty of both impaired operation and operating with an excess blood alcohol concentration.
