R. v. J.C. [Provincial Court of Alberta, Calgary, December 2018]

Police observed J.C. fail to stop at a stop sign. When they pulled him over he was unable to produce his vehicle documentation and the police detected alcohol on his breath. J.C.’s partner was in the vehicle and advised the police that J.C. had been drinking. J.C. was asked to and did provide a roadside sample of his breath, which showed a FAIL and gave the police the ostensible grounds to arrest him. He was taken to the police station where his breath samples showed that his blood alcohol level was more than double the legal limit. J.C. was charged with impaired driving and driving with a blood alcohol level in excess of the legal limit, contrary to ss. 253(a) and (b) of the Criminal Code and a number of traffic offences under the Traffic Safety Act. Ms. Fagan scheduled the matter for trial and filed a Charter notice alleging a breach of his right to be free from arbitrary detention, his right to be free from unreasonable search and seizure and his right to counsel.

BOTTOM LINE: J.C. entered a guilty plea to one traffic ticket and received a fine; all criminal charges against him and all other traffic tickets were withdrawn.

Patrick Fagan

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