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 2008
Case for the Week of December 29, 2008
impairedrivinghelp_com-1206.pdf - 29.75 KB - 29 Dec 2008
Case for the Week of December 22, 2008
impairedrivinghelp_com-1205.pdf - 31.53 KB - 22 Dec 2008
Case for the Week of December 15, 2008
impairedrivinghelp_com-1204.pdf - 27.35 KB - 15 Dec 2008
Case for the Week of December 8, 2008
impairedrivinghelp_com-1203.pdf - 26.79 KB - 08 Dec 2008
Case for the Week of November 30, 2008
impairedrivinghelp_com-1202.pdf - 26.89 KB - 30 Nov 2008
Case for the Week of November 24, 2008
Impaired driver who decides too drunk to drive not in care or control
impairedrivinghelp_com-1200.pdf - 28.96 KB - 24 Nov 2008
Case for the Week of November 17, 2008
impairedrivinghelp_com-1201.pdf - 27.49 KB - 17 Nov 2008
Case for the Week of November 10, 2008
Failure to provide legal rights fatal to charge of refusing roadside test
impairedrivinghelp_com-1198.pdf - 27.48 KB - 10 Nov 2008
Case for the Week of November 3, 2008
Prosecutor entitled to lead uncontentious evidence as to breathalyzer reading
impairedrivinghelp_com-1197.pdf - 29.22 KB - 03 Nov 2008
Case for the Week of October 27, 2008
12 min. wait for arrival of roadside device not subject to appeal
impairedrivinghelp_com-1196.pdf - 26.81 KB - 27 Oct 2008
Case for the Week of October 20, 2008
Search of dwelling reasonable where police initially attended house on report of domestic disturbance/accused intoxicated and seen to leave residence in car
impairedrivinghelp_com-1195.pdf - 25.39 KB - 20 Oct 2008
Case for the Week of October 13, 2008
15 min. unexplained delay in taking of breath sample not as soon as practicable
impairedrivinghelp_com-1194.pdf - 29.83 KB - 13 Oct 2008
Case for the Week of October 6, 2008
Suspect must advise police if he wants to talk to out of town counsel
impairedrivinghelp_com-1193.pdf - 28.28 KB - 06 Oct 2008
Case for the Week of September 29, 2008
Suspect not detained by fact of police speaking to him
impairedrivinghelp_com-1192.pdf - 28.2 KB - 29 Sep 2008
Case for the Week of September 22, 2008
Officer's experienced subjective believe does not assist Court's obligation for objective grounds for demand
impairedrivinghelp_com-1191.pdf - 28.38 KB - 22 Sep 2008
Case for the Week of September 15, 2008
Admission of previous drinking does not ground reasonable suspicion that alcohol still present in suspect
impairedrivinghelp_com-1190.pdf - 28.74 KB - 15 Sep 2008
Case for the Week of September 8, 2008
Acquittal overturned as officer did not have to tell suspect he was being investigated for impaired driving when apparent from circumstances
impairedrivinghelp_com-1189.pdf - 28.15 KB - 08 Sep 2008
Case for the Week of September 1, 2008
No reasonable grounds for breath demand, test excluded
impairedrivinghelp_com-1188.pdf - 29.53 KB - 01 Sep 2008
Case for the Week of August 25, 2008
Evidence to contrary that could put accused over or under not sufficient defence
impairedrivinghelp_com-1187.pdf - 30.06 KB - 25 Aug 2008
Case for the Week of August 18, 2008
Lack of police notes re wording of roadside demand fatal
impairedrivinghelp_com-1186.pdf - 25.89 KB - 18 Aug 2008
Case for the Week of August 11, 2008
Reason for arrest obvious at checkstop and request for screening sample
impairedrivinghelp_com-1185.pdf - 28.13 KB - 11 Aug 2008
Case for the Week of August 4, 2008
No evidence to contrary in straddle case
impairedrivinghelp_com-1184.pdf - 26.89 KB - 04 Aug 2008
Case for the Week of July 28, 2008
Reason for impaired detention does not require a particular formula
impairedrivinghelp_com-1183.pdf - 27.98 KB - 28 Jul 2008
Case for the Week of July 21, 2008
Where vehicle stop a few minutes after accused seen to leave pub where drinking admitted police should have waited for breath alcohol to dissipate
impairedrivinghelp_com-1182.pdf - 29.33 KB - 21 Jul 2008
Case for the Week of July 14, 2008
Officer's failure to detail right to counsel advise cured by evidence that he assisted accused in contacting lawyer
impairedrivinghelp_com-1181.pdf - 26.11 KB - 14 Jul 2008
Case for the Week of July 7, 2008
Smell of alcohol from car plus admission of drinking at unspecified time sufficient grounds for roadside
impairedrivinghelp_com-1180.pdf - 30.84 KB - 07 Jul 2008
Case for the Week of June 30, 2008
Crown relaying impaired charge after missing 6 month limitation period an abuse of process
impairedrivinghelp_com-1179.pdf - 27.81 KB - 30 Jun 2008
Case for the Week of June 23, 2008
House arrest for impaired causing death
impairedrivinghelp_com-1178.pdf - 27.49 KB - 23 Jun 2008
Case for the Week of June 16, 2008
Accused ought to have known he was being arrested for impaired driving based on circumstances
impairedrivinghelp_com-1177.pdf - 24.47 KB - 16 Jun 2008
Case for the Week of June 9, 2008
Legal rights violated where officer fails to inform suspect of free legal aid assistance
impairedrivinghelp_com-1176.pdf - 31.07 KB - 09 Jun 2008
Case for the Week of June 2, 2008
impairedrivinghelp_com-1175.pdf - 26.44 KB - 02 Jun 2008
Case for the Week of May 26, 2008
No need for police to use word "forthwith" in roadside demand if apparent the requirement was immediate
impairedrivinghelp_com-1174.pdf - 28.2 KB - 26 May 2008
Case for the Week of May 19, 2008
9 hours of post arrest detention arbitarary, resulting in stay of proceedings
impairedrivinghelp_com-1173.pdf - 29.29 KB - 19 May 2008
Case for the Week of May 12, 2008
Court employs Criminal Code presumption of lowest reading in accepting evidence to contrary
impairedrivinghelp_com-1172.pdf - 28.62 KB - 12 May 2008
Case for the Week of May 5, 2008
No presumption test accurate if technician has no personal knowledge as to suitability of test solution
impairedrivinghelp_com-1171.pdf - 28.37 KB - 05 May 2008
Case for the Week of April 28, 2008
No legal rights on roadside test even though accused being taken to detachment on a warrant
impairedrivinghelp_com-1170.pdf - 25.68 KB - 28 Apr 2008
Case for the Week of April 21, 2008
Right to counsel suspended at roadside if 15 minute wait is to allow mouth alcohol to dissipate
impairedrivinghelp_com-1167.pdf - 25.97 KB - 21 Apr 2008
Case for the Week of April 14, 2008
Constitutional challenge to roadside testing regime fails
impairedrivinghelp_com-1166.pdf - 30.4 KB - 14 Apr 2008
Case for the Week of April 7, 2008
Suspect not advised under detention when told to move to police car; symptoms excluded from evidence.
impairedrivinghelp_com-1162.pdf - 31.05 KB - 07 Apr 2008
Case for the Week of March 31, 2008
15 min wait in police cruiser before police read screening demand violation of 10(a)
impairedrivinghelp_com-1161.pdf - 27.59 KB - 31 Mar 2008
Case for the Week of March 24, 2008
Sufficiency of reasonable grounds case
impairedrivinghelp_com-1160.pdf - 29.12 KB - 24 Mar 2008
Case for the Week of March 17, 2008
Readily available phone in checkstop van where roadside demand read does not mean suspect has right to call lawyer first
impairedrivinghelp_com-1159.pdf - 32.56 KB - 17 Mar 2008
Case for the Week of March 10, 2008
Contrary case to recent case suggestions that evidence to the contrary requires a replication of consumption
impairedrivinghelp_com-1158.pdf - 31.02 KB - 10 Mar 2008
Case for the Week of March 3. 2008
Evidence to the contrary requires that alcohol testing replicate all of the circumstances of drinking on the date in question.
impairedrivinghelp_com-1157.pdf - 27.72 KB - 03 Mar 2008
Case for the Week of February 25, 2008
No 10(a) breach when accused informally advised he was being investigated for impaired driving
impairedrivinghelp_com-1156.pdf - 27.37 KB - 25 Feb 2008
Case for the Week of February 18, 2008
Drug recognition "expert" evidence in impaired case ruled inadmissible as unreliable "science
impairedrivinghelp_com-1155.pdf - 28.19 KB - 18 Feb 2008
Case for the Week of February 11, 2008
Assessing credibility of evidence to the contrary
impairedrivinghelp_com-1154.pdf - 30.7 KB - 11 Feb 2008
Case for the Week of February 4, 2008
No reasonable suspicion to believe driver had alcohol in system based on admission of drinking "a while ago"; no smell of alcohol
impairedrivinghelp_com-1153.pdf - 29.11 KB - 07 Feb 2008
Case for the Week of January 28, 2008
Inability to understand legal rights not established
impairedrivinghelp_com-1152.pdf - 28.97 KB - 28 Jan 2008
Case for the Week of January 21, 2008
13 min. delay fatal delay when making screening demand
impairedrivinghelp_com-1151.pdf - 33.48 KB - 21 Jan 2008
Case for the Week of January 14, 2008
Failure to include word "forthwtih" in roadside demand not fatal if circumstances convey same meaning
impairedrivinghelp_com-1150.pdf - 28.73 KB - 12 Jan 2008
Case for the Week of January 7, 2008
Suspect statement that she "eventually" wanted to talk to lawyer did not obligate police to stop questioning
impairedrivinghelp_com-1149.pdf - 27.29 KB - 07 Jan 2008