Accused pulled over by the Burnaby RCMP for swerving. There was an odour of liquor on the breath of the accused and the accused failed a roadside breath test. The accused was arrested and transported to the police station where breath tests were made showing a blood alcohol concentration above the legal limit.

The accused was found not guilty. The breath samples are inadmissible evidence because the demand for the breath samples was invalid and not made pursuant to the criminal code.