R. v. A.H.

(Calgary, P.C.). Client charged with impaired driving and blowing over the legal limit ("over 80").  The investigation of AH began when he rolled through a checkstop and was subject to roadside screening. AH presented with no meaningful indicia of impairment. Though AH admitted to consuming a drink earlier in the evening, the officer could not detect an odour of alcohol on the breath and made no inquiries about the timing of the drink.  The Defence filed a Charter Notice alleging, amongst a number of things, that the officer's suspicion that the accused had alcohol "in the body" was unreasonable because of the absence of smell (see R. v. Sood).. Furthermore, it was argued that the officer's failure to ascertain the time of the drink amounted to a fatal error because there was no basis for him to reasonably infer that the alcohol had not been eliminated.  As a result of Charter issues, the case was resolved without the client obtaining a criminal record. In this case, the client accepted a mid-trial plea bargain to the traffic offence of "careless driving". This plea bargain avoided the risk of conviction.  Though there are many Calgary criminal lawyers and defence lawyers practicing throughout Alberta, defending an impaired driving/over 80 case necessitates hiring an experienced DUI lawyer. David Chow is a Calgary impaired driving lawyer/DUI lawyer of choice who offers a free consultation.