The appellant appealed her conviction for operating a conveyance with a blood alcohol concentration over 80mg.
She argued her s. 10(b) Charter right to counsel was violated when police failed to leave a message for her counsel of choice, failed to advise her she could leave a message, and failed to provide a 'Prosper warning' when she declined duty counsel.
The summary conviction appeal judge agreed, finding the police breached her s. 10(b) rights.
Applying the Grant framework, the judge excluded the breath sample evidence under s. 24(2) of the Charter, allowed the appeal, and entered an acquittal.
