Client charged with impaired driving and driving with a blood alcohol content over .08. Officer witnessed client rear end another MV at a red light. Roads very icy and snow covered. minimal signs of impairment noted throughout the investigation, however client blew a fail on roadside screening device. After breath samples provided at the police station officer requested signature on some of the documents to be served and confirmation that he understood same. Client declined based on legal advice from duty counsel. At this point officer decided to place client in drunk tank, where he stayed for 7 hours. The trial court held that client’s right not to be arbitrarily detained was violated by this 7 hour detention. Officer’s explanation that this was necessary as client was intoxicated was not supported by the evidence. Officer also had no legal basis to hold client due to lack for signature. Trial judge held that as a result he would exclude the certificate of analysis from evidence and that this was the “clearest of cases” in which a stay of proceedings was required in relation to both charges.
July 2, 2010