J.T. was charged with impaired driving, driving while her blood alcohol was over the legal limit and possession of marijuana. Police observed damage to the vehicle being driven by J.T. as she swerved in and out of traffic. Police arrested J.T. who then admitted she had been drinking alcohol and smoking marijuana. Marijuana was located in the vehicle. J.T.’s blood alcohol level was determined to be well in excess of the legal limit. Ms. Fagan filed a Charter notice alleging breaches of J.T.’s right not to be arbitrarily detained and her right to be free from unreasonable search and seizure. The Crown conceded Ms. Fagan’s position and withdrew all charges against J.T..