The accused was stopped at a RIDE checkpoint and subsequently charged with impaired operation and having a blood-alcohol concentration over 80mg.
The court found that the arresting officer engaged in a prolonged and unfocused detention without providing rights to counsel, violating ss. 9 and 10(b) of the Charter.
The officer also failed to make a breath demand as soon as practicable, violating s. 8.
Applying the Grant framework, the court excluded the breath test results under s. 24(2).
Without the breath readings, and finding the officers' evidence regarding indicia of impairment unreliable, the court acquitted the accused on both counts.
