May 18th, 2018
New Provincial Suspension Rules For Drunk Driving
Posts Tags: Administrative Suspension, Impaired Driving
On April 9, 2018 the new Alberta Administrative License Suspension law came into effect. This affects people who the police suspect have committed an impaired driving-related offence (such as impaired driving, driving with a blood alcohol content over 0.08, or refusing to provide a sample to a police officer). What prompted this change to the … Read More.
November 20th, 2017
Impaired Driving, Charges Stayed – R v S(O-P) Edmonton Provincial Court
Firm Cases Tags: Charges Withdrawn, Drugs, Impaired Driving, Unreasonable Search
Accused charged with impaired driving. Impairment believed to be caused by drugs. Police attended at a parking lot area in response to a complaint of an intoxicated person who had just parked his vehicle. Police investigation began with a search of the accused’s vehicle. Suspected drug residue and drug paraphernalia found inside the vehicle. … Read More.
July 28th, 2015
R. v. R.S. 2015 Edmonton Provincial Court
Firm Cases Tags: 18 Min. Delay, Acquitted, Impaired Driving, Notes, s.8/10 Charter Breach
Accused charged with impaired driving and blowing over. 08. Police pulled accused over on Calgary Trail at 2 am due to erratic driving. Accused was arrested for impaired driving shortly after being stopped, however, police delayed the reading of the breath demand and the accused’s Charter rights for 18 minutes, as the investigating officer spent … Read More.
July 23rd, 2015
R v N.A., 2015 Sherwood Park Provincial Court
Firm Cases Tags: Failure to Record by Police, Impaired Driving, Refusal To Provide Roadside, Withdrawn
Accused charged with impaired driving and refusal to provide a roadside screening sample. Police pulled the accused’s vehicle over after a 911 call was made by a fellow motorist alleging an extremely erratic driving pattern. Accused was placed in the police vehicle for a screening breath sample after an odour of alcohol and a slur … Read More.
July 3rd, 2015
R. v. T.T. 2015 Fort McMurray Provincial Court
Firm Cases Tags: Arbitrary Detention, Impaired Driving, s.9Charter, Withdrawn
Client charged with impaired driving. Police detained him for 8 hours after he provided breath samples. There was no discernible reason for detaining the accused after provision of breath samples. Counsel filed a Charter Notice alleging a violation of the client’s right not to be detained arbitrarily. Held: Charge withdrawn.
July 3rd, 2014
R. v. E.S., 2014 Alta. Prov. Ct. (Sherwood Park)
Firm Cases Tags: Acquitted, Charter s. 8, Impaired Driving, No Reasonable Grounds
Client charged with impaired driving and over legal alcohol limit when driving. Officer arrested client for impaired operation due to observing an “awkward” turn prior to parking, a “slight” zig zag pattern while walking, odour of liquor and “leaning forward” on toes as if “steadying” himself. Officer also aware that client had been on heavily … Read More.
February 5th, 2016
R v Brown, 2016 ABPC 1 per Fradsham, PCJ:
Law Updates Tags: Impaired Driving, Reasonable Grounds, s.8
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 … Read More.
September 29th, 2015
R. v. Schwab, 2015 ABPC 180 per Rosborough, PCJ
Law Updates Tags: Cursory Search, Impaired Driving, Screening Test
Impaired driving trial. Symptoms of possible impairment noted following a traffic stop. Police removed the accused from his vehicle, conducted a safety related cursory search, and then placed the accused in the police vehicle where he failed a screening test. Issue regarding the lawfulness of the cursory search. Held: Section 8 violation. Certificate excluded. Cursory … Read More.