Trial on charges of impaired driving causing bodily harm and over .08 causing bodily harm. Head on collision on Japser Avenue. Police arrived and arrested the accused after noting an odour of alcohol on his breath, a slight slur to his speech, and a refusal to follow the officer’s directions.
Held: Not Guilty of all charges.
Arresting police officer lacked the necessary reasonable and probable grounds to make a breath demand. Therefore, section 8 of the Accused’s Charter rights was violated, and all evidence seized following arrest (including the blood-alcohol reading) was excluded from the trial.