This decision addresses a Charter application in a case involving impaired driving charges against Francisco Osorio.
The court considered alleged breaches of sections 8, 9, and 10(b) of the Charter related to the timing and administration of a Standardized Field Sobriety Test (SFST), the grounds for arrest and breath demand, the failure to provide an interpreter, and the length of detention.
The court found the SFST demand was timely and lawful, no Charter breach arose from the administration protocols or reliance on the SFST results despite the defendant's medical condition (BPPV), and no breach occurred regarding the interpreter or detention length.
The impaired operation charge was dismissed due to reasonable doubt, but the blood alcohol concentration charge was upheld.