Accused charged with impaired driving and blowing over. 08. Police pulled accused over on Calgary Trail at 2 am due to erratic driving. Accused was arrested for impaired driving shortly after being stopped, however, police delayed the reading of the breath demand and the accused’s Charter rights for 18 minutes, as the investigating officer spent that time writing his notes.
Held: Not guilty of both charges. The 18 minute delay resulted in section 8 and 10(b) Charter violations. As a result, the Certificate of Analyses was excluded from evidence.