Impaired trial. Following a traffic stop, police decided to make an ASD demand. As the accused walked to the police vehicle for the test, he was noted to not walk in a straight line (described as a “loop”). Accused was then arrested. Issue regarding whether reasonable grounds existed as required by 254(3) CC.
Held: No section 8 breach.
As per Baltzer, 2011 ABQB 84: “It appears from my reading of Shepherd that the Supreme Court has set the bar quite low for objective standards.” Indicia included: the accused having to “pull” himself from his vehicle, erratic driving, slow speech, and the problem walking. “I find that in this case, there is strong evidence of consumption of alcohol and moderate evidence of an impaired ability to drive. As a result, I find that Constable Wallace had objective grounds for his subjective belief.”
D. Cavilla – Defence Counsel