The accused was charged with impaired driving, driving with excess alcohol, and possession of marijuana following a traffic stop in Brampton.
The marijuana charge was dismissed on consent.
The central issue was whether the arresting officer had reasonable grounds to believe the accused's ability to operate a motor vehicle was impaired by alcohol, thereby justifying a breath demand under section 254(3) of the Criminal Code.
The defence challenged the lawfulness of the breath demand and sought exclusion of the evidence.
The court found the officer had reasonable and probable grounds based on the totality of circumstances, including observations of driving conduct and physical signs of intoxication.
The court rejected the defence argument that the officer's observations were exaggerated or careless.
Convictions were entered on both driving-related counts.
