Our client was charged with impaired operation after her car was stopped on Hwy 2 near Airdrie. The officer involved requested that a roadside breath demand be conducted. After failing the roadside breath test N.G. was taken to the RCMP detachment where she provided 2 breath samples over the legal limit. Ms. G was facing a potential jail sentence as she had previous convictions for impaired offences. Historically, officers have required grounds to request that a driver provide a roadside sample. Due to recent amendments in the Criminal Code, officers can now require any driver to provide a sample provided they have an approved screening device on their person. In N.G.’s case, the officer had no grounds for the breath test. Mr. Wyman initiated a Constitutional Challenge to the new legislation arguing that it violated the client’s section 8 Charter right to be free from unreasonable search and seizure. This argument eventually carried the day and the client’s charges were dismissed without the need for a trial.