The accused was charged with impaired driving and refusal to provide a breath sample.
The trial addressed Charter violations (ss. 8, 9, 10(b)) regarding detention and the immediacy of the ASD demand, and the merits of the charges.
The court found a s. 9 and 10(b) Charter violation due to an 11-minute delay in making the ASD demand, which invalidated the demand and led to unlawful detention.
Consequently, evidence of the refusal was excluded.
However, observations of impairment at the roadside were admitted.
The accused was acquitted of refusing to provide a breath sample due to the invalid demand but was found guilty of impaired driving based on the totality of admitted evidence, including observations of slurred speech and difficulty with a phone at the time of driving, combined with earlier clear indicia of impairment.
