Charter challenge fizzles for impaired driver

Counsel for Jean Claude Nzisabira, 30, of Fredericton, argued new Criminal Code provisions allowing for roadside screening without grounds or suspicion were unconstitutional

A Fredericton man discovered to have an elevated blood-alcohol level shortly after driving was fined and barred from driving after a judge dismissed his constitutional challenge Friday.

Jean Claude Nzisabira, 30, of Fieldstone Court, appeared in Fredericton provincial court Friday for a decision in his criminal case.

He faced alternate counts of having an elevated blood-alcohol level within two hours of driving, and operating a motor vehicle while his ability to do so was impaired by alcohol, alleged to have occurred May 30, 2022.

Previously, defence lawyer Ron Morris filed a Charter challenge in his client’s case, taking issue with new provisions in the Criminal Code of Canada that were introduced in 2018.