The trial judge should not have considered the evidence resulting from the co-ordination tests when deciding whether Crown had proven impaired driving beyond a reasonable doubt. Purpose of these tests under section 48(1) HTA legitimate.

Upon approaching accused police officer detected a strong order of alcohol on his breath. Accused admitted drinking two glasses of wine. Officer then performed a number of sobriety tests. He failed them. Accused was arrested and given breath demand. Note read his rights to counsel after the physical tests had been performed.