Our client was involved in an early morning automobile accident with another vehicle. Police, the fire department, and paramedics all attended the scene. One police officer reported that our client was unsteady on her feet, that she smelled strongly of alcohol, that her eyes were glassy and unfocused, and that she was bleeding from the mouth. The paramedics took our client to the hospital. At the hospital, the police officers arrested her for impaired operation of a motor vehicle and compelled her to provide a blood sample to determine how much alcohol may be in her blood. Based on the results, our client was charged with impaired operation of a motor vehicle and operating a motor vehicle while “over 80.”
Defence counsel filed an application to exclude the blood samples from evidence on the basis that her arrest and the warrantless seizure of her blood samples were unconstitutional, violating sections 8 and 9 of the Canadian Charter of Rights and Freedoms.
RESULT: The charges against our client were withdrawn on the morning of the trial.