Regina v. R.C.H. [July 2017] – Impaired Driving Alberta

S. 253(1)(b) of the Criminal Code of Canada – Impaired driving Alberta R.C.H. was charged with impaired driving and driving with a blood alcohol contact over .08. He was pulled over for a traffic violation because the police suspected that R.C.H. was impaired by alcohol. The police demanded that R.C.H. supply a sample of his breath into the roadside screening device, …

Regina v. A.A.S. [Provincial Court of Alberta, Calgary – May 2017] – Breach

A.A.S. was at home going about his daily routine when he discovered that he was being surreptitiously watched by a group of unknown people outside his house. Unbeknownst to A.A.S., the group of individuals were undercover police officers conducting surveillance on a drug investigation. Not knowing that the individuals were police officers, A.A.S. attempted to confront them, but they fled …

Regina v. S.S.C. [February 2017] – Impaired Driving by Drug

S.S.C. was involved in a collision with another motor vehicle. The police were called and attended to S.S.C., who was still positioned in the driver’s seat of the vehicle. The officer observed indicia of impairment and demanded that S.S.C. comply with the Standard Field Sobriety Test (S.F.S.T.). The S.F.S.T. is a battery of physical co-ordination tests that take place on …

Regina v. P.M.S. [February 2017] – Impaired Driving – Care and Control

Section 253(a) and Section 253(b) of the Criminal Code of Canada – Care and Control impaired driving An R.C.M.P. officer found P.M.S. sleeping at the wheel of a running motor vehicle outside a local drinking establishment. The officer, purportedly out of concern for P.M.S.’s safety, woke P.M.S. from his sleep. The officer identified a number of indicia of impairment and arrested …

Regina v. I.L.D. [ February 2017] – Dangerous Driving

Dangerous Driving – Section 249 of the Criminal Code of Canada I.L.D. was on his way to his first day on the job when he was involved in a motor vehicle accident.   A multitude of civilian witnesses observed I.L.D.’s vehicle speed through a playground zone and rear end a minivan.  All witnesses confirmed that I.L.D. did not even apply his brakes before …

Regina v. Z.D.N. [February 2017] – Refusal to provide a Breath Sample

Section 254(2)(b) of the Criminal Code of Canada Refusal to comply with a Breath demand – Roadside Screening Device – Impaired Driving Z.D.N. was parked in the alley behind a friend’s apartment when someone called the police and reported his vehicle as suspicious. The police attended the scene and detained Z.D.N., who was positioned in the driver’s seat. Z.D.N’s intoxicated friend …

Regina v. E.K.S. [December 2016] – Checkstop

Section 254(2)(b) of the Criminal Code –  Refusal to provide a sample- Checkstop While E.K.S. was on her way home from a work party, she was stopped by the Calgary Police Service at a Checkstop.   The investigating officer asked E.K.S. if she had consumed any alcohol. E.K.S., a professional who had never been in trouble with the law before, answered in an …

Regina v. S.R.T. [April 2017] – Impaired Care or Control of a Motor Vehicle

Section 253(a) of the Criminal Code of Canda – Impaired Care or Control of a Motor Vehicle S.R.T. got into a verbal altercation with his common-law partner and she ultimately locked him out of their home.  Consequently, he sat in his vehicle.  An interested neighbour watched the occurrence from his nearby window.  The neighbour observed the vehicle drive onto the lawn and S.R.T. …

Regina v. J.S. [October 2016] – Bad legal advice on Impaired Driving

Section 253(a) of the Criminal Code of Canada  – Impaired Driving – Bad legal advice J.S. faced charges of impaired driving and refusing to provide a breath sample without a reasonable excuse. The police observed J.S driving in a manner that led the police to believe J.S. was impaired. The police arrested J.S. and demanded that he provide a sample of …

Regina v. R.S. [Provincial Court of Alberta, Canmore – August 2016]

R.S. was charged with dangerous driving, refusal to comply with the standard field sobriety test and possession of marijuana. R.S. was purported to have engaged in road rage with another driver. Unfortunately for R.S. the other driver happened to be an RCMP officer driving a civilian vehicle. The officer followed R.S. as he purportedly engaged in dangerous driving behavior. The …