R. v. C.R.C.

(Calgary, P.C. - Impaired Driving).  David Chow is a Calgary criminal lawyer and Calgary impaired driving lawyer who offers full defence services throughout the Province. CRC was charged with impaired driving and driving with blood alcohol at the legal limit. CRC's legal predicament started when Calgary police conducted a traffic stop for speeding in Calgary, Alberta. Though CRC's exhibited no signs of impairment, the police were able to initiate an impaired driving investigation as a result of amendments to the Criminal Code of Canada made in December 2018. The officer made an immediate mandatory screening demand for which the accused properly complied. The accused blew a fail. As a result the accused was placed under arrest for impaired operation of a motor vehicle. The Defence focussed on the legality of the mandatory screening demand and filed a comprehensive Notice of Constitutional Question challenging the Constitutionality of section 320.27(2) of the Criminal Code.  The Defence asserted that section 320.27(2) of the Criminal Code of Canada constitutes an unreasonable search and seizure contrary to section 8 of the Canadian Charter of Rights and Freedoms, is not a reasonable limit prescribed by law and as such all evidence obtained as a result of the use of the mandatory search procedure should be excluded from evidence pursuant to section 24(2) of the Charter. This was not the lone defence. The Court never had the opportunity to consider the constitutional question as the Crown stayed the charge. If you have been charged with an impaired driving offence contact a Calgary DUI lawyer who can properly evaluate whether a legistlative challenge is right for you.  David Chow offers a free initial consultation, an experienced and skilled legal defence and affordable rates. Call 403.452.8018 to discuss your situation.