October 16th, 2015

R. v. L.K. 2015 Sherwood Park Prov. Ct.

Firm Cases Tags: , ,

Elderly client charged with failing to provide a roadside screening test. Five attempts made to provide suitable sample. Client advised officer that he was trying to comply but had health problems which he believed was preventing him from blowing properly. Held:  Defence provided letter to the Crown from client’s medical doctor confirming history of past heart … Read More.

September 29th, 2015

R. v. Schwab, 2015 ABPC 180 per Rosborough, PCJ

Law Updates Tags: , ,

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.