Impaired driving trial. Issue as to whether objective reasonable grounds established for the making of a breath demand. No driving pattern noted by police. Police relied upon a civilian complaint, however, the vehicle description provided was vague. Accused denied erratic driving, and displayed few symptoms of impairment. ASD demand made, however, because the accused stumbled once while walking to the police car, reasonable grounds were formed and the accused was arrested.

Held: Section 8 breach. Certificate of Analysis excluded.

“Using the terminology set out in Baltzer, 2011 ABQB 84, I find that there is minimal evidence of consumption of alcohol, and minimal evidence of impairment of the ability to drive. Baltzer states that two minimals do not likely amount to reasonable and probably grounds.” 24(2) analysis adopted from Waters, 2010 ABQB 607.

Chow – Defence Counsel