The defendant was charged with impaired driving and driving with a blood-alcohol level of 80 milligrams or greater following a motor vehicle stop at a roadblock in Caledon, Ontario.
The defendant challenged the admissibility of breath test results on Charter grounds, alleging a breach of his right to counsel.
The court found that the defendant was properly advised of his right to counsel both at the roadside and at the police station, and that any implementation issues were not communicated to police or were resolved to the defendant's satisfaction.
The court rejected the defendant's credibility as unreliable and found him guilty on both counts, staying the over-80 charge pursuant to the Kienapple principle.
