August 10th, 2016


R. v. C.M. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , , ,

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: , , ,

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: , , ,

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: , , ,

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.

August 21st, 2015


R. v. F. S. 2015 Edmonton Provincial Court

Firm Cases Tags: , , ,

Client charged with impaired driving and failing to attend court and initially retained a legal agent (non-lawyer), who failed to tell the client they were not a lawyer but made several initial court appearances on the client’s behalf. Defence argued that jurisdiction was lost as the accused did not voluntarily submit to the jurisdiction of the Court … Read More.

August 20th, 2015


R. v. S.S. 2015 Sherwood Park Provincial Park

Firm Cases Tags: , , , ,

Accused charged with impaired driving, blowing over. 08, and possession of marihuana. Vehicle stopped by police due to an alleged amber light violation. Police claimed to smell marihuana in the vehicle (although only a small amount of the drug was later found in a sealed glass jar). Because of the alleged smell, the accused was … Read More.

April 13th, 2018


R v Sarasin, 2018 Wetaskiwin Court Of Queen’s Bench – Vehicle On Side Still Presumed Drivable

Law Updates Tags: , , ,

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.

March 12th, 2018


Laverick v Alberta (TSB), 2018 Calgary Court Of Queen’s Bench – Stay Of Licence Suspension Granted Pending Review

Law Updates Tags: , ,

Applicant was charged with impaired driving offences, and subsequently brought judicial review application seeking a constitutional exemption from the Administrative License Suspension [ALS] regime under s 24(1) of the Charter. Application for an interim stay of the ALS regime pending the determination of the judicial review. Held: Interim stay granted. Applicant’s claim was not barred … Read More.

November 8th, 2017


R v Herrmann, 2017 Edmonton Provincial Court – Impaired & Unreasonable Search

Law Updates Tags: , ,

  R v Herrmann, 2017 ABPC 254 per Semenuk, PCJ Impaired driving trial. Reasonable grounds issue. Accused was speeding, driving between two lanes, and made a turn from the wrong lane. When pulled over by police, the accused struck the curb. Indicia included a strong odor of alcoholic beverage coming from either the accused’s person … Read More.

October 19th, 2017


R v Bruneau, 2017 Wetaskiwin Provincial Court per Rosborough, PCJ:

Law Updates Tags: , , ,

Impaired driving trial. Accused initially failed an ASD test. After the failure, the officer became suspicious of recent consumption and the possibility of mouth alcohol. Accordingly, he, in effect, ‘un-arrested’ the accused, and performed a second ASD 11 minutes later. No 10(b) rights given until after the second test failure. “Forthwith” and ss 8/10(b) issue. … Read More.