The accused was charged with driving with excess blood alcohol contrary to section 253(1)(b) of the Criminal Code after failing a roadside screening test and providing breath samples that exceeded the legal limit.
The trial focused on two issues: whether the breath tests were obtained as soon as practicable as required by section 258(1)(c)(ii) of the Criminal Code, and whether the police violated the accused's right to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms.
The court found that the breath tests were taken as soon as practicable given all the circumstances, and that the accused's Charter rights were not violated.
The accused was found guilty.
