Law360 Canada (November 4, 2022, 6:26 AM EDT) -- Appeal by Li from conviction for impaired driving causing bodily harm. On the night of the incident, Cst. Greco responded to a potentially fatal car accident. At the scene, Li fell into Cst. Greco before identifying himself as the driver. His breath smelled of alcohol. Cst. Greco placed Li under arrest for impaired driving around midnight. Li was subjected to two breath tests, which resulted in 183 and 172 milligrams of alcohol, respectively, in 100 milliliters of blood, both significantly over the legal limit. Li was released from hospital at 2:20 a.m. and taken to the police station. An hour later, Cst. Greco learned that the injuries of his passenger, Turner, were significant. Consequently, she re-arrested Li for impaired operation of a motor vehicle causing bodily harm. Li appealed his conviction, arguing that the trial judge erred in dismissing his application to re-open his trial to consider a bolus drinking argument and in failing to exclude the breathalyzer samples which were obtained between his first arrest for impaired driving simpliciter, and his second arrest for impaired driving causing bodily harm hours later. Li also argued that the trial judge erred in rejecting his claims under Canadian Charter of Rights and Freedoms, 1982 (Charter)....