R. v. S.J.S.

(Regina Sask, P.C. - Impaired Driving/over 80). SJS was charged with impaired operation of a motor vehicle and operating a conveyance with blood alcohol at or exceeding the legal limit.  Unlike the Province of Alberta, Saskatchewan does not presently endorse a roadside sanctions model for impaired driving cases.

David Chow is a Calgary criminal lawyer who routinely appears in Saskatchewan to represent clients on criminal matters.  

SJS was not arrested on the basis of the result of an "approved screening demand" (ASD); rather, reasonable grounds to make a formal breath demand were based on the officer's observations of very minimal indicia of impairment. The  total indicia observed by the police to support arrest could be distilled as follows: (1) no bad driving, (2) no slurred speech, (3) no failure to hold a conversation, (4) no balance issues, (5) 12 minute delayed detection of odor, (6) red cheeks and (7) red eyes.  Aggravating the situation is that the officer failed to immediately provide SJS right to counsel pursuant to s. 10 of the Canadian Charter of Rights and Freedoms.  

As a result, SJS successfully defended the charges.  If you have been charged with impaired driving or in Alberta have been issued a roadside sanction, call for a free initial telephone consultation.