R. v. T.R.

(Calgary, P.C. -- Refusing to blow/DUI) – This client was charged with impaired driving and refusing to supply a breath sample.  In this case, the driving evidence and indicia of impairment observed by the police was very flimsy; meaning that there was not only ample room to argue "reasonable doubt" with respect to the allegation of "impaired driving", there was a very credible argument that the investigating officer prematurely arrested the accused by doing so in the absence of reasonable and probable grounds for arrest. Reasonable grounds for arrest means that there must be objective evidence capable of persuading a reasonable person standing in the shoes of the police officer that the crime has been committed.  The lead cases on this subject are R. v. Andrews and R. v. Stellato.  In Andrews the Alberta Court of Appeal was careful to remind us that impairment must be of the "ability to drive". The law is that even slight impairment of the ability to drive is sufficient; however, slight impairment generally that does not impact the ability to drive is insufficient. After trial, the client was acquitted of the refusal charge on grounds the police did not have reasonable grounds to make the breath demand.  He was acquitted of impaired driving because the trial judge was left with a reasonable doubt.  Searching for Calgary DUI lawyers? Call David Chow. He offers a free consultation.