Impaired driving trial. Issue regarding whether police had reasonable grounds to arrest and make a breath demand. Police responded to a complaint regarding a hit and run and possible impaired driver. Damaged vehicle located. Accused was passed out in the driver’s seat. Strong odour of alcohol. Accused arrested within two minutes of police arrival.
Held: No s 8 breach.
Case law regarding reasonable grounds reviewed. “The officer might well have considered demanding the applicant provide an ASD sample. However, perfect investigations are not required in order for an officer to have reasonable and probable grounds. The brevity of the investigation is a factor that must be considered … However, there is no minimum time that need be taken before the officer forms reasonable and probable grounds”.
A. Karbani – Defence Counsel