This is a sampling of recent Alberta or Supreme Court of Canada impaired driving cases. Case summaries are added approximately on a weekly basis. The cases selected are intended to highlight some of the typical issues and defences which arise in impaired driving law. The cases summarized may or may not be consistent with higher precedent cases, may have been overturned on appeal in the interim, or may be subject to ongoing appeals.
Case summaries are provided courtesy of the Alberta Criminal Trial Research Centre, a wholly owned division of the law firm of Dawson Stevens & Shaigec, Barristers.
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All Cases from 2005
Case for the Week of December 12, 2005
Police cannot solicit evidence of impairment before providing suspect with legal rights.
impairedrivinghelp_com-1046.pdf - 33.37 KB - 16 Dec 2005
Case for the Week of December 5, 2005
18 month house arrest for serious impaired driving causing bodily harm conviction
impairedrivinghelp_com-1045.pdf - 29.6 KB - 05 Dec 2005
Case for the Week of November 28, 2005
If accused's consumption recollection raises a possibility he is either above or below legal limit, is it still "evidence to the contrary." Court of Appeal to reconsider this issue.
impairedrivinghelp_com-1044.pdf - 29.88 KB - 28 Nov 2005
Case for the Week of November 21, 2005
Unless police told you have drank within 15 min. of the roadside test they do not have to hold off.
impairedrivinghelp_com-1043.pdf - 28.46 KB - 21 Nov 2005
Case for the Week of November 14, 2005
Suspect must tell police he is having problems contacting a lawyer.
impairedrivinghelp_com-1040.pdf - 28.82 KB - 14 Nov 2005
Case for the Week of November 7, 2005
Police can detain you for reasonable period of time for you to sober up after testing.
impairedrivinghelp_com-1038.pdf - 30.37 KB - 04 Nov 2005
Case for the Week of October 31, 2005
42 minute delay from arrest to breath demand too long
impairedrivinghelp_com-1037.pdf - 29.99 KB - 30 Oct 2005
Case for the Week of October 24, 2005
Medical evidence needed to show you could not blow hard enough.
impairedrivinghelp_com-1035.pdf - 26.24 KB - 23 Oct 2005
Case for the Week of October 17, 2005.
House arrest for impaired causing bodily harm.
impairedrivinghelp_com-1034.pdf - 26.5 KB - 14 Oct 2005
Case for the Week for October 10, 2005
Expert opinion placing accused both above and below legal limit can raise a doubt.
impairedrivinghelp_com-1033.pdf - 29.57 KB - 09 Oct 2005
Case for the Week of October 3, 2005
Need to give alibi notice if you say you weren't the driver!
impairedrivinghelp_com-1032.pdf - 27.79 KB - 29 Sep 2005
Case for the Week of September 26, 2005
No care or control of car when your journey has ended.
impairedrivinghelp_com-1031.pdf - 27.17 KB - 22 Sep 2005
Case of the Week for September 19, 2005
Initial roadside questioning permitted to establish grounds to demand samples, not as evidence of impairment.
impairedrivinghelp_com-1030.pdf - 30.66 KB - 18 Sep 2005
Case of the Week for September 12, 2005
Police need grounds to believe you are impaired driver before following you onto your property and questioning you.
impairedrivinghelp_com-1029.pdf - 23.14 KB - 11 Sep 2005
Case of the Week for September 5, 2005
Cannot bully accused out of choice of lawyer.
impairedrivinghelp_com-1028.pdf - 22.12 KB - 04 Sep 2005
Case of the Week for August 29, 2005.
Police must testify that roadside screening machine is an approved device.
impairedrivinghelp_com-1027.pdf - 29.16 KB - 25 Aug 2005
Case of the Week for August 22, 2005
If you mix alcohol with your prescription don't be surprised where you wake up.
impairedrivinghelp_com-1026.pdf - 28.31 KB - 22 Aug 2005
Case of the Week for August 15, 2005
Breath evidence not always excluded when Charter breached.
impairedrivinghelp_com-1024.pdf - 27.95 KB - 17 Aug 2005
Case of the Week for August 8, 2005
Judge can use breath readings in certificate to assess credibility of accused as to consumption.
impairedrivinghelp_com-1025.pdf - 28.86 KB - 17 Aug 2005
Case of the Week for August 1, 2005
Suspect entitled to a clean mouthpiece.
impairedrivinghelp_com-1021.pdf - 27.09 KB - 03 Aug 2005
Case of the Week for July 25, 2005
Intoxilyzer readings not to be used as sole reason to reject accused's evidence of consumption.
impairedrivinghelp_com-1022.pdf - 26.65 KB - 03 Aug 2005
Case of the Week for July 18, 2005.
Roadside test to determine probable grounds must be taken forthwith.
impairedrivinghelp_com-1023.pdf - 24.92 KB - 03 Aug 2005
Case of the Week for July 11, 2005
Waiver of right to call lawyer must be clear
impairedrivinghelp_com-1020.pdf - 27.4 KB - 09 Jul 2005
Case of the Week for July 4, 2005
Evidence to the contrary must be disbelieved or raise no doubt.
impairedrivinghelp_com-1019.pdf - 25.89 KB - 03 Jul 2005
Case of the Week for June 27, 2005
Police must advise accused of all charges.
impairedrivinghelp_com-1016.pdf - 29.98 KB - 27 Jun 2005
Case of the Week for June 20, 2005
Rigid standards for admission of breath test results.
impairedrivinghelp_com-1017.pdf - 25.27 KB - 27 Jun 2005
Case of the Week for June 13, 2005
Granting of curative discharge instead of jail for repeat offender.
impairedrivinghelp_com-1018.pdf - 26.01 KB - 27 Jun 2005
Case of the Week for June 6, 2005
Cannot be in care or control of car that is out of gas.
impairedrivinghelp_com-1015.pdf - 25.6 KB - 11 Jun 2005
Case of the Week for May 30, 2005
Statements to police about drinking prior to breath demand cannot be used to incriminate.
impairedrivinghelp_com-1014.pdf - 27.78 KB - 10 Jun 2005
Case of the Week for May 23, 2005
Prosecution does not have to give notice to call breath technicain
impairedrivinghelp_com-1013.pdf - 32.43 KB - 09 Jun 2005
Case of the Week for May 16, 2005
You must tell police you want to call another lawyer.
impairedrivinghelp_com-1012.pdf - 26.17 KB - 19 May 2005
Case of the Week for May 9, 2005
Lack of Charter notice not always fatal.
impairedrivinghelp_com-1011.pdf - 29.18 KB - 08 May 2005
Case of the Week for May 2, 2005
Effect of food consumption on alcohol level.
impairedrivinghelp_com-1009.pdf - 26.64 KB - 02 May 2005
Case of the Week for April 25, 2005
Only a qualified technician can prove accused failed to blow.
impairedrivinghelp_com-1008.pdf - 28.95 KB - 23 Apr 2005
Case of the Week for April 18, 2005
Evidence of impairment must not be equivocal.
impairedrivinghelp_com-1007.pdf - 26.48 KB - 17 Apr 2005
Case of the Week for April 11th, 2005
18 min. delay at scene prior to roadside breath demand is unlawful.
impairedrivinghelp_com-1005.pdf - 8.53 KB - 10 Apr 2005