R. v. K.L.

(Calgary, P.C. - Impaired Driving). KL was charged with impaired driving and operating a motor vehicle with blood alcohol at/over the legal limit. The case against KL was, all things considered, fairly minor. There was no bad driving or inappropriate conduct by the accused. The accused did not overtly display any indicia of impairment. The accused was cooperative with the police. The impaired driving investigation was triggered by the use of an Approved Screening Device (an instrument used to presumptively test blood-alcohol concentration).  In today's investigative climate, the police consider all motorists a breath "supply sample".  KL failed the test, was arrested and a demand was made for him to supply samples of breath at a police detachment.  Again, KL complied, ultimately providing two samples, the lowest being 80 milligrams of alcohol in 100 millilitres of blood (80mg%).  Though KL had legitimate legal defences, perhaps the best defence arose because he was cooperative, had no prospect of being convicted of "impaired driving" and when formally tested, supplied the lowest possible BAC reading to trigger an "at 80" charge. Of course, in March 2020 the Courts closed due to the COVID-19 pandemic.  Months of closure and inactive trial courts meant increased trial delays.  As a result of the particulars surrounding KL's case and the need for the Crown to triage cases, the charges against KL were "stayed" by the Crown.  KL's case illustrates that there are many good reasons in DUI prosecutions to fight the case at trial. If you have been charged with impaired driving, there are a handful of experienced Calgary DUI lawyers of choice. David Chow is a full service Calgary criminal lawyer, who has been litigating impaired driving since he represented his first client in Court in 1999.  If you have been charged anywhere in Alberta, David Chow would appreciate the opportunity to earn your business. To speak with an experienced Calgary DUI lawyer, call for a free telephone consultation.