The applicant was charged with operating a motor vehicle while impaired by alcohol contrary to s. 253(1)(a) of the Criminal Code and operating a motor vehicle "over 80" contrary to s. 253(1)(b).
The applicant brought Charter applications alleging breaches of sections 8, 9, and 10(b) of the Charter, seeking exclusion of observations, statements, and breath test results.
The court found no breaches of the applicant's Charter rights.
The court held that the officer was authorized to conduct sobriety screening measures prior to making an approved screening device demand, that the right to counsel was limited during these screening measures in accordance with s. 1 of the Charter, that the applicant's right to counsel of choice was not violated by directing him to duty counsel when he did not identify a specific lawyer, that the officer had reasonable grounds to make both the ASD and breath demands, and that the detention was not arbitrary.
The application was dismissed.
