Sunday, January 31, 2021 at 10:41AM The trial judge judicially stayed Ms. Paterson's impaired driving charge because she had been videotaped while using the washroom at the police station. That judicial stay was upheld by the Saskatchewan Court of Appeal: R. v. Paterson, 2021 SKCA 13. A similar fact situation was dealt with in Ontario in R. v. Mok, 2015 ONCA 608
Sunday, January 17, 2021 at 5:17PM This case summarizes the recent law in situations where police knock on the door of a residence during an impaired operation investigation. Ms. Babich argued that violated her right to privacy. She was acquitted at trial and that was upheld by Queen's Bench Court. However the Court of Appeal allowed the Crown's appeal and entered a conviction: R. v. Babich, 2020 SKCA 139
Sunday, December 13, 2020 at 10:49AM Have a safe and happy holiday season!
And keep up the good work in 2021!
Police Officers Receive Prevention Award
National Award Bestowed On Grandmother Fighting Impaired Driving
Sunday, December 6, 2020 at 4:58PM A second Saskatchewan Provincial Court case has held that the Mandatory Alcohol Screening provisions are constitutional: R. v. Switenky, 2020 SKPC 46
Sunday, November 22, 2020 at 1:21PM In R. v. Oltmann, 2020 ABPC 142, Mr. Oltmann was acquitted on a roadside failure/refusal charge as the Court held that the the delay in administrating the ASD tests was unnecessary and unreasonable. The officer waited for new tubes be brought to the scene to allow attempts seven through twelve to be completed, as the two tubes initially with the ASD were used up during failed attempts one through six.
One wonders if he could have been charged with failure/refusal after the first six failed attempts to blow?