The accused was charged with impaired operation of a motor vehicle contrary to s. 253(1)(a) of the Criminal Code and operation with blood alcohol exceeding 80 mg per 100 ml of blood contrary to s. 253(1)(b).
The Crown conceded the impaired charge.
The defence brought a Charter application alleging a breach of s. 10(b) rights regarding the right to counsel, arguing the accused was not afforded privacy during her telephone consultation with duty counsel in a hospital emergency room.
The defence also argued the first breath sample was obtained after two hours had elapsed from the time of driving, contrary to s. 258(1)(c)(ii).
The court found no breach of s. 10(b) rights and that the breath samples were obtained within the statutory time limit.
The accused was convicted of the over 80 charge.
