The Crown charged the defendant with impaired driving and driving with excess blood alcohol (over 80) following a 911 call reporting erratic driving.
The defendant challenged the admissibility of breath test results and statements to police, alleging violations of Charter rights under sections 8, 9, and 10(b).
The court found reasonable grounds for arrest and breath demand under sections 8 and 9, but found a breach of section 10(b) when police made only a token effort to facilitate contact with the defendant's counsel of choice.
Under section 24(2), the court excluded the defendant's statements but admitted the breath test results.
The defendant was found guilty of both impaired driving and driving with excess blood alcohol.