The accused was charged with operating a motor vehicle while impaired by alcohol and with operating a motor vehicle with a blood alcohol concentration exceeding the legal limit.
The accused was involved in a motor vehicle collision and subsequently provided breath samples showing elevated blood alcohol readings.
The accused brought Charter motions challenging the lawfulness of the detention, search, and breath demand.
The court found that the officer's suspicion of impairment was objectively reasonable, the search of the vehicle was authorized under the ancillary police powers doctrine, and the right to counsel was not violated.
The court acquitted the accused of impaired operation but convicted on the blood alcohol concentration charge.
