R v Herrmann, 2017 ABPC 254 per Semenuk, PCJ

Impaired driving trial. Reasonable grounds issue. Accused was speeding, driving between two lanes, and made a turn from the wrong lane. When pulled over by police, the accused struck the curb. Indicia included a strong odor of alcoholic beverage coming from either the accused’s person or the vehicle. Accused had bloodshot, glassy eyes and nearly fell out of the vehicle when opening the door.

Held: No s 8 breach.

As per James, 2013 ABPC 195, “[t]here is no requirement in law that there be direct evidence of alcohol consumption…or any admission by the accused of consumption of alcohol by him for an investigative officer to have reasonable grounds…that inference may be drawn on an objective basis after a proper consideration of the totality of the evidence”. Here, based on the indicia of impairment and driving pattern, police had reasonable grounds.

Snukal – Defence Counsel