A Nova Scotia man has failed in his bid to have a drug trafficking conviction overturned.

It was just after midnight on the morning of May 31, 2008 when Kentville police stopped Brendan Aucoin because the license plate on his vehicle didn't match their records.

Police smelled alcohol during the traffic stop. Aucoin was below the legal limit, but he had enough alcohol in his system to violate the zero tolerance policy for new drivers.

The officer decided to write him a ticket. He also patted down Aucoin and discovered cocaine and ecstasy.

He was convicted of possession for the purposes of trafficking, but Aucoin appealed arguing the search itself breached his charter rights and was illegal.

Aucoin lost his case before the Nova Scotia Court of Appeal, but a split decision meant he had another chance to argue before the Supreme Court.

Canada's highest court rejected the appeal and upheld the conviction on Friday.