The accused was charged with impaired driving and failing to provide a breath sample after his truck was found in a ditch.
At trial, the accused brought Charter applications alleging arbitrary detention, unreasonable search due to cell video surveillance, and overholding.
The court dismissed the Charter applications, finding the arresting officer had reasonable grounds, the cell surveillance was balanced by the offer of a privacy blanket, and the release timing was appropriate.
The court found the accused guilty on both charges, concluding he was slightly impaired, in care or control of the vehicle, and feigned attempts to provide a breath sample.
