The defendant was charged with impaired driving and "Over 80" following a motor vehicle collision on the QEW.
The defence challenged whether the arresting officer had reasonable and probable grounds to arrest the defendant for impaired driving and make a demand for breath samples, arguing this constituted a breach of section 8 of the Canadian Charter of Rights and Freedoms.
The court found that the officer had sufficient grounds based on witness testimony regarding erratic driving, the defendant's admission that he had consumed alcohol, the odour of alcohol on his breath, and the defendant's statement that he would fail the breath test.
The court dismissed the Charter application and found the defendant guilty of the "Over 80" charge, entering a conditional stay on the impaired driving charge.
