Client charged with impaired driving and over legal alcohol limit when driving. Officer arrested client for impaired operation due to observing an “awkward” turn prior to parking, a “slight” zig zag pattern while walking, odour of liquor and “leaning forward” on toes as if “steadying” himself. Officer also aware that client had been on heavily intoxicated for previous two days as he had been called to residence due to altercations being reported to police. No roadside device administered but client required to perform a sobriety test involving walking in a straight line. Client otherwise presented “very well” to the officer, with no evidence of slurred speech, lucidity or behaviour issues. Defence brought Charter motion to exclude all breath test results based on unreasonable search and arbitrary arrest.
Held: Client acquitted.
Officer had reasonable suspicion to require a roadside screening test but without a fail on such a device lacked probable grounds to arrest or require breath test. Officer not certified as a drug recognition expert and did not purport to properly conduct a full roadside sobriety test. Admission of evidence obtained contrary to well established and known standards of probable cause would bring the administration of justice into disrepute.