Impaired driving trial. Issue regarding whether reasonable grounds existed to make a 254(3) CC demand.

Held: Section 8 breach. Certificate excluded.

Grounds premised upon the following: admission of consumption of a “couple of beers”, a smell of alcohol in the breath, that the accused was “a bit unsteady on his feet”, and that the accused had driven into a marked off construction zone. A reasonable person, with the training and experience of the arresting officer, would not have reasonable grounds to believe that a crime had been committed. Authorities reviewed.

G. Dunn – Defence Counsel