R. v. M.B. Provincial Court of Alberta
M.B. charged with impaired driving and operating a motor vehicle while his blood alcohol was over .08. Ms. Urquhart filed a Charter notice claiming that the police conducted an unlawful search of M.B. when they drove their police car into his garage and demanded he provide a breath sample.
Result: The Honourable Judge S. Dunnigan found M.B. not guilty after finding that certain aspect’s of the police officer’s evidence was not credible and that M.B.’s rights were violated.