R. v. M.S.
R. v. M.S.
(Calgary, P.C.). M.S. was acquitted on impaired driving and refusing to provide a breath sample. The core issue revolved around reasonable and probable grounds for arrest and the making of the making of the breath demand. Reasonable grounds in an essential component of police power. Without reasonable and probable grounds, police have no basis to interfere with a citizen. The timing of the making of the breath demand is important because it is one of the preconditions for obtaining sample in the Criminal Code. This was a difficult case because the accused had been involved in a relatively serious traffic collision. He actually displayed significant indicia of impairment but because of airbags had deployed in his motor vehicle and because the damage sustained by the motor vehicle was rather extensive, it was difficult to differentiate symptoms of impairment from symptoms of injury. David Chow is a Calgary DUI lawyer who looks at all available angles to defending your cases. For an intelligent defence from a proven Calgary impaired driving lawyer, call 403.452.8018. David Chow is a full service Alberta criminal lawyer and of a relatively small number of Calgary criminal lawyers experienced in handling the nuances of an impaired driving defence.