The accused was pulled over for speeding. There was an odour of liquor on the breath of the accused. The accused was detained between 8 to 11 minutes before the breath demand was made.

Ruling on evidentiary motion whether the demand made by the police officer of the accused for a breath sample met the requirements of the Criminal Code. The detention of the accused for a period of 8 to 11 minutes before the demand was made was contrary to the accused’s rights under the Charter of Rights. The certificate of analysis were excluded. The accused was found not guilty of driving with a blood alcohol level over 80 milligrams.