Impaired Operation

R. v. W.B.:

The accused, W.B. was charged with impaired operation, and impaired operation exceeding the blood alcohol concentration. The accused was seen colliding into several vessels docked in a marina. The accused registered a failure of his breath for analysis and was later placed under

arrest. The accused was later released on a Form 9 appearance notice. Counsel filed a charter application under Sections 8, 9, and 10(b) alleging breaches of client rights protecting him from unreasonable search and seizure, arbitrary detention, and giving him the right to instruct counsel. The trial set date and counsel was successfully able to convince the crown to withdraw the criminal charges against the accused upon his pleading guilty to impaired driving under the Highway Traffic Act.