The accused was charged with impaired operation of a motor vehicle and operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
A police officer observed the accused's vehicle being driven at high speed and revving its engine, conducted a traffic stop, and arrested the accused first for possession of a controlled substance based on observation of a glass pipe, and subsequently for impaired operation based on odour of alcohol and a single stumble.
The court found that the officer lacked reasonable and probable grounds for either arrest, constituting violations of sections 8 and 9 of the Canadian Charter of Rights and Freedoms.
The breath samples were excluded under section 24(2) of the Charter, and the accused was acquitted of both charges.
