The accused was charged with impaired operation and driving over 80.
At trial, the accused brought Charter applications alleging arrest without reasonable and probable grounds and a s. 8 violation for being videotaped in his cell area while washing his hands shirtless.
The court dismissed both applications, finding the officer had objectively reasonable grounds for the arrest and the accused had no reasonable expectation of privacy while washing his hands in the cell.
The accused was found guilty of the over 80 charge but acquitted of impaired operation due to a reasonable doubt raised by his fatigue.
