June 29th, 2016

R. v. H.B. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , ,

Client stopped by police. Officer formed suspicion that client had alcohol in his body and read a demand for a roadside breath sample.   Client blew a fail, was arrested and a breathalyzer sample was demanded.  Client ultimately failed to provide breathalyzer samples.  Upon review of disclosure, it was apparent that the police laid the wrong … Read More.

December 8th, 2017

R v Ferstl 2017, Calgary Provincial Court – Roadside Test Not Forthwith, Acquittal

Law Updates Tags: , ,

Impaired driving trial. Issue regarding whether ASD test performed “forthwith”. Accused stopped at a Checkstop at 2:20 am. Admission of consumption. Officer instructed the accused to exit his vehicle and walk 6 metres to the police vehicle where a screening demand was read at 2:35 and the test performed at 2:36 hours. Held: Breaches of … Read More.

April 7th, 2017

R v Dahl, 2017 ABPC 48 per Pharo, PCJ:

Law Updates Tags: , , ,

Impaired driving trial. Accused stopped by a county peace officer while operating a dirt bike in a ditch. After indicia of impairment were noted, police were called. Police arrested the accused for impaired driving shortly after arrival. Accused was detained for close to 40 minutes at the roadside prior to his arrest. Alleged s. 10(b) … Read More.

March 17th, 2015

R. v. Caswell, 2015 ABCA 97 per Veldhuis, Wakeling, Brown, JA:

Law Updates Tags: , , ,

Application for leave to appeal from a conviction on a charge of refusal to comply with a screening demand. Issue regarding whether accused should be allowed to use a cell phone to exercise 10(b) rights at the screening stage, and application for Court to re-consider Mitchell, 1994 ABCA 369. Held: Leave granted. Leave granted on … Read More.