June 13th, 2019
No Need For Two Roadside Tests To Justify Breath Demand – R v Singh, 2019 Edmonton Provincial Court
Law Updates Tags: Impaired, Meaning Of "Samples", s.320.27(2), s.8
Accused was charged with operating a conveyance with blood alcohol over the legal limit and impaired driving. In a s 8 Charter voir dire, defence argued the police, in obtaining one failed ASD reading, did not meet the requirements of s 320.27(2) of the Code and therefore a warrantless search took place. Defence sought exclusion … Read More.
June 6th, 2019
Acquittal On Impaired Care Or Control Case – R v B, 2019 Edmonton Provincial Court
Firm Cases Tags: Acquittal, Care or Control, Impaired
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.
September 14th, 2018
Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence – R v Schultenkamper, 2018 Edmonton Queen’s Bench
Law Updates Tags: Appeal, Exculpatory Evidence, Impaired
Summary conviction appeal from impaired driving conviction. Defence argued on appeal that the trial judge failed to appreciate exculpatory evidence regarding whether the Appellant’s ability to drive was impaired by alcohol. The trial judge’s reasons did not mention certain “evidence of non-impairment” such as a lack of slurred speech, fine motor difficulty, disordered thinking, and … Read More.
August 28th, 2018
Impaired Acquittal As Presumption Of Accuracy Not Available – R v Schroeder, 2018 Edmonton Provincial Court
Law Updates Tags: Impaired, Presumption Of Accuracy, s.258 C.C.
Impaired driving trial for charges under ss. 253(1)(a) and (b) CC. Readings of 110mg% and 100mg% were noted on the Certificate of Analysis, but investigating officer testified that the technician advised, and he recorded in his notes, readings of 120mg% and 100mg%. Held: Acquittal. “The evidence in the present case shows that the instrument may … Read More.
July 27th, 2018
No Credit For Administrative Licence Supension Towards Court’s Driving Prohibition – R v Kiyawasew, 2018 Calgary Provincial Court
Law Updates Tags: AALS, Credit Driving Prohibition, Impaired
Sentencing of accused convicted of impaired driving. Argument by defence that the accused should receive credit from time spent under the “old” AALS regime towards the length of the mandatory s 259(1) CC driving prohibition. Held: Credit towards s 259(1) CC driving prohibition denied. Court declined to follow Sohal and Ludwig. Court of Appeal’s comments … Read More.
No Credit From Administrative Licence Suspension Toward Court’s Driving Prohibition – R v Chan, 2018 Edmonton Provincial Court
Law Updates Tags: AALS, Credit Driving Prohibition, Impaired
Sentencing of accused who pleaded guilty to refusal to provide a sample of breath. Issue of whether time accused’s license was suspended under the Alberta Administrative License Suspension (AALS) should be credited towards the mandatory s 259(1) CC driving prohibition. Held: Credit towards s 259(1) CC driving prohibition denied. Court rejected the argument that the … Read More.
August 10th, 2016
R. v. C.M. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.10(b), Impaired, Right To Counsel, Violated, Withdrawal Of Charges
Client stopped by police for an impaired investigation. Blew a fail in the roadside screening device so was arrested and a breath demand was made. Client was advised of his right to call a lawyer and he asserted this right. Officer apparently attempted to call legal aid duty lawyer for client while in the police … Read More.
May 26th, 2016
R. v. W.S. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at check stop. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.
May 24th, 2016
R. v. S.F. 2016 Boyle Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at check stop. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.
May 11th, 2016
R. v. S.H. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at by police while leaving a drinking establishment. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as … Read More.