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 2006
Case for the Week of November 6, 2006
Conviction for impaired driving upheld on appeal because driving was marked departure from norm.
impairedrivinghelp_com-1096.pdf - 27.42 KB - 19 Nov 2006
Case for the Week of October 30, 205
15 month sentence for repeat offender
impairedrivinghelp_com-1095.pdf - 29.37 KB - 29 Oct 2006
Case for the Week of October 23, 2006
Physical symptoms combined with erratic driving sufficient for breath demand.
impairedrivinghelp_com-1094.pdf - 30.64 KB - 22 Oct 2006
Case for the Week of October 16, 2006
Breath readings excluded where only grounds of impairment were smell, glossy eyes and slightly slurred speech.
impairedrivinghelp_com-1093.pdf - 28.68 KB - 15 Oct 2006
Case for the Week of October 9, 2006
No informed waiver of right to counsel when suspect say's he'll wait to call his lawyer in the morning.
impairedrivinghelp_com-1092.pdf - 28.44 KB - 08 Oct 2006
Case for the Week of October 2, 2006
Equivocal evidence of impairment insufficient to prove impaired driving.
impairedrivinghelp_com-1091.pdf - 30.47 KB - 05 Oct 2006
Case for the Week of September 25, 2006
Police can detain impaired driver until safely sober.
impairedrivinghelp_com-1090.pdf - 28.24 KB - 24 Sep 2006
Case for the Week of September 18, 2006
Roadside demand made in checkstop van not made "forthwith."
impairedrivinghelp_com-1089.pdf - 31.69 KB - 16 Sep 2006
Case for the Week of September 11, 2006
3.5 years for impaired driver who killed best friend.
impairedrivinghelp_com-1088.pdf - 29.08 KB - 07 Sep 2006
Case for the Week of September 5, 2006
Importance of proving officer communicated that suspect must blow "forthwith" into roadside machine.
impairedrivinghelp_com-1087.pdf - 27.05 KB - 04 Sep 2006
Case for the Week of August 28, 2006
Articulation of officer's suspicion of drinking not as important as existance of necessary grounds.
impairedrivinghelp_com-1086.pdf - 33.11 KB - 27 Aug 2006
Case for the Week of August 21, 2006
Keys in ignition, radio on not necessarily care or control of car.
impairedrivinghelp_com-1085.pdf - 27.87 KB - 20 Aug 2006
Case for the Week of August 14, 2006
No formal qualifications required for operation of roadside machine.
impairedrivinghelp_com-1084.pdf - 34.77 KB - 13 Aug 2006
Case for the Week of August 7, 2006
No need for roadside machine to be present if quickly available.
impairedrivinghelp_com-1083.pdf - 31.12 KB - 06 Aug 2006
Case of the Week of July 31, 2006
Honest omission in blood warrant can be explained later to justify search.
impairedrivinghelp_com-1082.pdf - 30.8 KB - 30 Jul 2006
Case for the Week of July 24, 2006
Proof that certificate of analysis given to accused by police is enough, no need to ensure accused took it with him.
impairedrivinghelp_com-1081.pdf - 30.41 KB - 27 Jul 2006
Case for the Week of July 17, 1006
impairedrivinghelp_com-1079.pdf - 32.68 KB - 23 Jul 2006
Case for the Week of July 10, 2006
Sleeping in car not enough for care or control.
impairedrivinghelp_com-1077.pdf - 27.93 KB - 23 Jul 2006
Case for the Week of July 17, 2006
Right to call lawyer suspended at roadside demand stage even though phone available.
impairedrivinghelp_com-1078.pdf - 32.68 KB - 23 Jul 2006
Case for the Week of July 24, 2006
impairedrivinghelp_com-1080.pdf - 30.41 KB - 23 Jul 2006
Case for the Week of July 3, 2006
No care or control unless tangible risk of driver setting vehicle in motion, intentionally or unintentionally.
impairedrivinghelp_com-1074.pdf - 36.82 KB - 04 Jul 2006
Case for the Week of June 26, 2006
Possibility that impaired occupant of vehicle might change mind about not driving not enough to convict of care or control.
impairedrivinghelp_com-1073.pdf - 30.31 KB - 24 Jun 2006
Case for the Week of June 19, 2006
Court of Appeal to decide whether keys in ignition, seat belt on and suspect in driver's seat enough to prove care or control.
impairedrivinghelp_com-1072.pdf - 27.86 KB - 19 Jun 2006
Case for the Week of June 12, 2006
Only qualification needed to give a roadside screening test is to be a "peace officer."
impairedrivinghelp_com-1071.pdf - 34.76 KB - 14 Jun 2006
Case for the Week of June 5, 2006
Improper for police to suggest a time limit for when suspect can call a lawyer.
impairedrivinghelp_com-1070.pdf - 31.99 KB - 05 Jun 2006
Case for the Week of May 29, 2006
Acquittal upheld where no evidence accused allowed to take certificate of analysis with him after being served
impairedrivinghelp_com-1069.pdf - 32.35 KB - 29 May 2006
Case for the Week of May 22, 2006
Officer claim that he used an "approved" roadside device good enough.
impairedrivinghelp_com-1068.pdf - 30.92 KB - 22 May 2006
Case for the Week of May 15, 2006
Technician's failure to state blood alcohol reading in terms of "alcohol" in "blood" not fatal to case.
impairedrivinghelp_com-1067.pdf - 28.45 KB - 15 May 2006
Case for the Week of May 8, 2006
Impaired suspect's uncautioned ambulance chat with police can be used against him.
impairedrivinghelp_com-1066.pdf - 31.58 KB - 08 May 2006
Case for the Week of April 30, 2006
Acquittal for refusing roadside test where Crown fails to prove device used was approved by Criminal Code.
impairedrivinghelp_com-1065.pdf - 26.67 KB - 30 Apr 2006
Case for the Week of April 24, 2006
Jail for repeat offender who caused bodily harm.
impairedrivinghelp_com-1064.pdf - 26.46 KB - 24 Apr 2006
Case for the Week of April 17, 2006
25 min. delay in reading roadside screening demand unreasonable.
impairedrivinghelp_com-1063.pdf - 32.61 KB - 18 Apr 2006
Case for the Week of April 10, 2006
Police Intoxilyzer results not to be used to rebut the accused's evidence of consumption.
impairedrivinghelp_com-1062.pdf - 30.47 KB - 09 Apr 2006
Case for the Week of April 3, 2006
Bad driving indicative of impairment by alcohol, even where minimum physical symptoms.
impairedrivinghelp_com-1061.pdf - 30.89 KB - 03 Apr 2006
Case for the Week of March 27, 2006
Impaired driving causing death results in 18 month jail sentence.
impairedrivinghelp_com-1060.pdf - 30.32 KB - 27 Mar 2006
Case for the Week of March 20, 2006
Return of licence pending appeal where reasonable merit to appeal.
impairedrivinghelp_com-1059.pdf - 26.25 KB - 20 Mar 2006
Case for the Week of March 13, 2006
Loss of deceased's blood so defence could not test unacceptable negligence by Crown, but stay of proceedings not granted.
impairedrivinghelp_com-1058.pdf - 26.59 KB - 13 Mar 2006
Case for the Week of March 6, 2006
31 month delay caused by disclosure of evidence problems results in stay of proceedings.
impairedrivinghelp_com-1056.pdf - 28.07 KB - 06 Mar 2006
Case for the Week of February 27, 2006
Police don't have to provide lawyer' phone numbers or phone books when suspect already has his lawyer's number.
impairedrivinghelp_com-1057.pdf - 28.67 KB - 27 Feb 2006
Case for the Week of February 20, 2006
Police not obligated to make sure you have not drank within 15 minutes of roadside alcohol test.
impairedrivinghelp_com-1055.pdf - 24.47 KB - 24 Feb 2006
Case for the Week of February 13, 2006
11 month delay caused by court backup not violation of right to a quick trial.
impairedrivinghelp_com-1054.pdf - 27.55 KB - 14 Feb 2006
Case for the Week of February 6, 2006
Police failure to wait for mouth alcohol to dissipate fatal.
impairedrivinghelp_com-1053.pdf - 29.7 KB - 05 Feb 2006
Case for the Week of January 30, 2006
Crown has duty to obtain "will say" statements from police; Defence have obligation to pursue such statements prior to trial date.
impairedrivinghelp_com-1052.pdf - 28.73 KB - 28 Jan 2006
Case for the Week of January 23, 2006
Conditional discharge for dangerous driving.
impairedrivinghelp_com-1051.pdf - 28.21 KB - 23 Jan 2006
Case for the Week of January 16, 2006
Screening test void if mouth alcohol suspected; statements by accused at screening stage inadmissable against him.
impairedrivinghelp_com-1049.pdf - 29.52 KB - 15 Jan 2006
Case for the Week of January 9, 2006
Evidence to the contrary does not have to invalidate breath test, only raise a reasonable doubt.
impairedrivinghelp_com-1048.pdf - 31.15 KB - 06 Jan 2006