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 2007
Case for the Week of December 31, 2007
No care or control where keys in ignition but engine not turned on
impairedrivinghelp_com-1148.pdf - 28.18 KB - 31 Dec 2007
Case for the Week of December 24, 2007
Other "proof that sample taken" case
impairedrivinghelp_com-1147.pdf - 30.54 KB - 24 Dec 2007
Case for the Week of December 17, 2007
Proof that sample taken must be established independent of certificate, sufficient if officer states he saw sample taken
impairedrivinghelp_com-1146.pdf - 29.39 KB - 17 Dec 2007
Case for the Week of December 10, 2007
Acquittal for refusing roadside test demand where informal demand did not include important statutory language
impairedrivinghelp_com-1145.pdf - 30.25 KB - 10 Dec 2007
Case for the Week of December 3, 2007
Inference sample taken derived from evidence that suspect placed in test room
impairedrivinghelp_com-1144.pdf - 28.09 KB - 03 Dec 2007
Case for the Week of November 26, 2007
It is enough for officer to state he used an approved screening device, need not describe it
impairedrivinghelp_com-1143.pdf - 28.99 KB - 26 Nov 2007
Case for the Week of November 19, 2007
Smell of alcohol alone sufficient for roadside demand
impairedrivinghelp_com-1142.pdf - 30.06 KB - 19 Nov 2007
Case for the Week of November 12, 2007
7 minute delay between reading of roadside and test unreasonable delay
impairedrivinghelp_com-1141.pdf - 34.05 KB - 12 Nov 2007
Case for the Week of November 5, 2007
Asleep in running car creates risk of putting it into motion
impairedrivinghelp_com-1140.pdf - 29.24 KB - 05 Nov 2007
Case for the Week of October 29, 2007
20 min. delay for tow truck acceptable
impairedrivinghelp_com-1139.pdf - 27.33 KB - 29 Oct 2007
Case for the Week of October 22, 2007
Suspect must be diligent about getting a lawyer
impairedrivinghelp_com-1138.pdf - 29.3 KB - 22 Oct 2007
Case for the Week of October 15, 2007
Random targeting of patrons leaving bar not an arbitrary detention.
impairedrivinghelp_com-1137.pdf - 30.83 KB - 15 Oct 2007
Case for the Week of October 8, 2007
25 min. wait for tow truck caused unreasonable delay in taking of samples
impairedrivinghelp_com-1136.pdf - 29.45 KB - 08 Oct 2007
Case for the Week of October 1, 2007
Unreasonable search where officer does not form opinion as to time of driving.
impairedrivinghelp_com-1135.pdf - 26.02 KB - 01 Oct 2007
Case for the Week of September 24, 2007
impairedrivinghelp_com-1134.pdf - 33.77 KB - 24 Sep 2007
Case for the Week of September 17, 2007
impairedrivinghelp_com-1133.pdf - 27.66 KB - 17 Sep 2007
Case for the Week of September 10, 2007
Court of Appeal says future intent to drive not necessary for care or control to be proven
impairedrivinghelp_com-1132.pdf - 33.07 KB - 10 Sep 2007
Case for the Week of September 3, 2007
No defence of necessity where accused fled possible assault in car while impaired as he could have stopped vehicle sooner.
impairedrivinghelp_com-1131.pdf - 29.34 KB - 03 Sep 2007
Case for the Week of August 27, 2007
Evidence admissible where violation of right to counsel where that right had been previously waived.
impairedrivinghelp_com-1130.pdf - 32.39 KB - 27 Aug 2007
Case for the Week of August 20, 2007
Accused using car as bed, no intention to drive - no care or control.
impairedrivinghelp_com-1129.pdf - 29.1 KB - 20 Aug 2007
Case for the Week of August 13, 2007
Traffic stop turning into impaired investigation requires officer to advise suspect of changed jeopardy
impairedrivinghelp_com-1128.pdf - 29.89 KB - 13 Aug 2007
Case for the Week of August 6, 2007
Police may have to advise impaired detainee that a sober adult can take them home
impairedrivinghelp_com-1127.pdf - 26.07 KB - 06 Aug 2007
Case for the Week of July 30, 2007
No breach of lawyer right at roadside
impairedrivinghelp_com-1126.pdf - 28.75 KB - 30 Jul 2007
Case for the Week of July 23, 2007
Charter breached where police gave confusing advice about whether legal advice was free or not.
impairedrivinghelp_com-1125.pdf - 33.35 KB - 23 Jul 2007
Case for the Week of July 16, 2007
6 minute delay for roadside justified because of safety concern
impairedrivinghelp_com-1124.pdf - 33.1 KB - 16 Jul 2007
Case for the Week of July 9, 2007
impairedrivinghelp_com-1123.pdf - 26.56 KB - 09 Jul 2007
Case for the Week of July 2, 2007
Suspected impaired driver pulled sleeping from car must be advised why he is being detained.
impairedrivinghelp_com-1122.pdf - 32.45 KB - 02 Jul 2007
Case for the Week of June 26, 2007
impairedrivinghelp_com-1121.pdf - 27.79 KB - 26 Jun 2007
Case for the Week of June 19, 2007
impairedrivinghelp_com-1120.pdf - 28.63 KB - 19 Jun 2007
Case for the Week of June 11, 2007
impairedrivinghelp_com-1119.pdf - 28.53 KB - 11 Jun 2007
Case for the Week of June 4, 2007
Suspect must display ignorance of rights to get better explanation.
impairedrivinghelp_com-1118.pdf - 28.53 KB - 04 Jun 2007
Case for the Week of May 28, 2007
Decision to blow at roadside better be made quick!
impairedrivinghelp_com-1117.pdf - 31.46 KB - 28 May 2007
Case for the Week of May 21, 2007
7 or 8 minute delay in reading roadside test demand not unreasonable where accident being investigated
impairedrivinghelp_com-1116.pdf - 30.97 KB - 21 May 2007
Case for the Week of May 7, 2007
Provision of legal rights does not require reading suspect the duty counsel phone number.
impairedrivinghelp_com-1115.pdf - 29.53 KB - 06 May 2007
Case for the Week of April 30, 2007
6 months jail plus stringent probation upheld on appeal for impaired causing death.
impairedrivinghelp_com-1114.pdf - 30.53 KB - 30 Apr 2007
Case for the Week of April 23, 2007
No automatism defence for impaired driving unless there is expert evidence.
impairedrivinghelp_com-1113.pdf - 28.64 KB - 23 Apr 2007
Case for the Week of April 16, 2007
Evidence allowed to show accused in sober state when documents were served, compared to his condition on date of offence.
impairedrivinghelp_com-1112.pdf - 29.32 KB - 16 Apr 2007
Case for the Week of April 9, 2007
Crown refused leave to appeal overturned conviction to Court of Appeal.
impairedrivinghelp_com-1111.pdf - 29.21 KB - 09 Apr 2007
Case for the Week of April 2, 2007
Alcohol elimination evidence "speculative"
impairedrivinghelp_com-1110.pdf - 27.42 KB - 02 Apr 2007
Case for the Week of March 26, 2007
If lowest possible elimination rate of alcohol puts suspect over legal limit he is guilty.
impairedrivinghelp_com-1109.pdf - 31.21 KB - 26 Mar 2007
Case for the Week of March 19, 2007
No means no when accused says he does not want lawyer.
impairedrivinghelp_com-1108.pdf - 32.41 KB - 19 Mar 2007
Case for the Week of March 12, 2007
Where expert evidence establishes under legal limit with slowest elimination rate, acquittal entered.
impairedrivinghelp_com-1107.pdf - 29.77 KB - 10 Mar 2007
Case for the Week of March 5, 2007
2 years less a day for impaired causing death and bodily harm.
impairedrivinghelp_com-1106.pdf - 31.93 KB - 04 Mar 2007
Case for the Week of February 26, 2007
Police don't have to provide phone books unless asked.
impairedrivinghelp_com-1105.pdf - 30.88 KB - 25 Feb 2007
Case for the Week of February 19, 2007
Officer's subject belief that roadside fail means suspect is over legal limit is sufficient for valid breath demand.
impairedrivinghelp_com-1104.pdf - 29.26 KB - 18 Feb 2007
Case for the Week of February 12, 2007
If accused suspect not satisfied with legal advise they better tell the police.
impairedrivinghelp_com-1102.pdf - 31.65 KB - 11 Feb 2007
Case for the Week of February 5, 2007
Police dialing toll free legal assistance for accused on hospital gurney good enough choice of counsel.
impairedrivinghelp_com-1101.pdf - 31.69 KB - 04 Feb 2007
Case for the Week of January 29, 2007
Appeal court defers to finding of fact of trial judge on reasonable grounds.
impairedrivinghelp_com-1100.pdf - 28.56 KB - 28 Jan 2007
Case for the Week of January 22, 2007
Police must identify roadside testing device specifically.
impairedrivinghelp_com-1099.pdf - 28.89 KB - 21 Jan 2007
Case for the Week of January 15, 2007
Defence of necessity where impaired accused had to jump in rolling vehicle to prevent danger.
impairedrivinghelp_com-1098.pdf - 34.2 KB - 14 Jan 2007
Case for the Week of January 8, 2007
Not dangerous driving to evade police if you reasonably believe they are not police and mean you harm.
impairedrivinghelp_com-1097.pdf - 28.16 KB - 07 Jan 2007