June 6th, 2019
Client charged with care or control of vehicle while ability impaired and while blood alcohol concentration was over limit. Client had been found in driver’s seat with keys in ignition upon police arrival. Provided samples of breath that were more than twice the legal limit. Held: Acquittal. Court heard evidence of client’s intention to be … Read More.
November 4th, 2015
Client charged with impaired care or control of a motor vehicle. Client was unable to smoke in his residence. Accordingly, the client (who was highly intoxicated) went out to his vehicle to smoke and speak on his cell phone. He started his vehicle to stay warm and to listen to music. Held: Crown withdrew all charges. The client did … Read More.
April 13th, 2018
Summary appeal of conviction for driving over 0.08. Two civilians found the appellant’s vehicle flipped onto its side, still running with the fuel tank leaking. The appellant was found at the bottom of the vehicle, on the driver’s side with his legs beneath the steering wheel. Issue of whether the appellant was in care and … Read More.
July 17th, 2015
R. v. McCrea, 2015 ABQB 222 per Schutz, J: Appeal from conviction on charge of impaired care or control. Accused originally charged with driving, but, trial judge convicted of the included offence of care or control. Accused found walking around his vehicle after an accident, asking a civilian: “… can you give me a tug? … Read More.