The accused was charged with care or control of a motor vehicle while impaired by alcohol and with having a blood alcohol concentration exceeding 80 mg/100 ml.
The trial proceeded as a blended voir dire addressing Charter violations.
The court found three Charter breaches: (1) the approved screening device demand was not made forthwith, violating sections 8, 9, and 10(b); (2) the accused was denied his right to counsel of choice when police discouraged him from contacting his preferred legal services provider; and (3) the accused was arbitrarily detained for approximately 7.5 hours after providing breath samples without proper assessment under section 498 of the Criminal Code.
The breath samples were excluded under section 24(2) of the Charter.
The over 80 charge was dismissed due to exclusion of evidence.
On the impaired driving charge, the court found the Crown failed to prove impairment beyond a reasonable doubt, as the connection between the vehicle observed at the accident scene and the accused's vehicle could not be established with certainty, and the physical observations of impairment were equivocal.
The accused was acquitted on both counts.
