June 13th, 2019

No Need For Two Roadside Tests To Justify Breath Demand – R v Singh, 2019 Edmonton Provincial Court

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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.

February 5th, 2016

R v Brown, 2016 ABPC 1 per Fradsham, PCJ:

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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.