The accused was charged with impaired operation of a motor vehicle and operation with blood alcohol content over 80 mg/100 ml on April 6, 2015.
A McDonald's employee reported observing an impaired driver, providing a license plate.
Police located the vehicle and observed erratic driving before stopping it at the accused's residence.
The Crown relied on breath test evidence and expert toxicology opinion.
The defence challenged the arrest under section 8 of the Charter and argued the expert report's assumptions were not established.
The court found reasonable and probable grounds for arrest but excluded the expert report due to evidence of bolus drinking (consumption of alcohol shortly before testing).
The court acquitted on both charges, finding the evidence of impairment insufficient to meet the beyond reasonable doubt standard.
