The accused was charged with Over 80 Operation following a RIDE spot check on December 2, 2017.
The court considered two Charter issues: whether the administration of an Approved Screening Device (ASD) test violated section 8 rights due to potential residual mouth alcohol, and whether the failure to facilitate contact with counsel of choice violated section 10(b) rights.
The court found a section 10(b) violation but admitted the breath test evidence under the Grant analysis, ultimately convicting the accused.
