Conviction appeal on over .08 charge. Issue regarding reasonable grounds. Accused failed a screening test, however, the officer had difficulty articulating the existence of a subjective belief in grounds at trial. Trial judge nevertheless found that reasonable grounds existed upon an objective review.
Held: Appeal dismissed.
“The Supreme Court of Canada in Bernshaw recognized that the ASD failure alone is a valid basis for making the breath demand. The facts as found by the trial judge are entitled to deference, and she applied the law correctly in finding that reasonable grounds existed to make the demand.”
R. Schmidt – Defence Counsel