SECTION 10(A) - QUESTIONS ABOUT CONSUMPTION SUFFICIENT

Police stopped the accused for a hit and run. During the stop, the officer noticed an odour of liquor. He asked the accused if he had been drinking and he replied that he had. The accused argued that the officer should have informed him pursuant to section 10(a) that he was be investigated for impaired driving. The court said that based on the question regarding alcohol consumption, the accused would have known the investigation shifted from a hit and run to an impaired investigation and a more formal warning before was unnecessary.R. v. Menjivar, 2011 ABPC 355