R. v. H.R.H.

(Canmore, P.C. - Impaired Driving). HRH was the target of a traffic stop at about 9:30AM on a cold, snow covered day in 2019. As a result of the traffic stop, a roadside demand was made and he provided a sample of breath into an approved screening device. HRH was charged with impaired driving and eventually, operating a motor vehicle with blood-alcohol above the legal limit. This accused had a number of quality defences, to include Charter arguments that had a very reasonable prospect of resulting in the exclusion of evidence and acquittal. Those arguments aside, however, HRC had a credible, meaningful and unique mens rea argument that he had no intention to drive while impaired or with high blood-alcohol.  This accused had consumed alcohol the evening before the traffic stop. The accused had a full nights sleep and consumed nothing in the morning. On waking, the accused did not feel the effects of alcohol and for reasons having to do with employment, used a miniature, home breath tester that apparently confirmed it was safe to drive. Of course, personal or home breath testing gear is not approved and not formally recognized by our criminal justice system. However, since mens rea must be proven for any criminal offence, it was nevertheless a relevant factor. Ultimately, was not required to evaluate the mens rea issue because the case was resolved by way of a more technical issue. The Crown properly called no evidence and the charge was dismissed. Scanning the internet for an impaired driving lawyer in Alberta, a Canmore DUI lawyer or an Alberta Roadside Sanctions Lawyer, give David Chow a chance to earn your business.