The defendant was charged with care or control of a motor vehicle while over 80 milligrams of alcohol per 100 millilitres of blood, contrary to section 253(1)(b) of the Criminal Code.
The defendant challenged the admissibility of breath test results on three grounds: (1) breach of section 10(b) Charter rights to counsel; (2) failure to comply with the "as soon as practicable" requirement under section 258(1)(c) of the Criminal Code; and (3) loss of the presumption of accuracy under section 320.31(1).
The court found a breach of the right to counsel but admitted the evidence under section 24(2) of the Charter.
The court found the breath samples were taken as soon as practicable despite a 14-minute delay at the police station.
The court found the breath test results admissible at common law and reliable, and convicted the defendant.
