The accused was charged with impaired operation and dangerous operation of a conveyance following a motor vehicle collision.
The accused rear-ended a vehicle stopped at a red light before veering into a field.
Blood analysis indicated a blood alcohol concentration between 70-110 mg/100mL at the time of driving, with toxicological evidence suggesting impairment at that level.
The accused brought a Charter application alleging arbitrary detention and unreasonable search and seizure, which was later withdrawn.
The court found the arrest and blood demand were supported by reasonable and probable grounds.
Considering the totality of evidence including witness observations of slurred speech, unsteady gait, odour of alcohol, the collision circumstances, and toxicological evidence, the court found the Crown proved beyond reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol or a combination of alcohol and cannabis, and that he drove dangerously by failing to observe a sustained red light and stopped vehicles ahead.
