AS SOON AS PRACTICABLE - DELAY IN CALLING TECHNICIAN

The officer testified that she phoned dispatch at 5:30 a.m. to notify the technician that he woudl be required. The officer did not have a note about making the call to dispatch. The technician was not contacted until 6:06 a.m. Either the investigator did not call dispatch at 5:30 a.m. or dispatch sat on the request until 6:06 a.m. Regardless of who was at fault, the delay resulted in tests not being conducted as soon as practicable.  R. v. Alfred-Guymour, 2011 ONCJ 521

REASONABLE GROUNDS - GLASSY EYES, ODOUR OF LIQUOR ON BREATH AND FUMBLING WITH DOCUMENTS WAS INSUFFICIENT

The officer noticed the accused drive through a well lit intersection without any headlights on. When he stopped the vehicle, he noticed an odour of liquor on the accused's breath the accused admitted having 2 or 3 drinks that evening, he had glossy eyes and fumbled when retrieving his drivers licence. The court concluded that there would have been sufficient grounds to make an ASD demand but not a breath demand. R. v. Waters, 2010 ABQB 607

REASONABLE SUSPICION - ADMISSION TO CONSUMPTION 4 HOURS EARLIER AND ODOUR OF LIQUOR WITH NEARBY BOTTLE NOT ENOUGH

Police detected an odour of liquor coming from inside the vehicle. The accused was the only occupant and admitted consuming alcohol 4 hours earlier. Police also found and alcoholic cider bottle inside the vehicle. There was no evidence whether the bottle was opened or closed. The court found that the officer suspicion was not reasonably based in light of the possibility that the odour of liquor may have been coming from the bottle. The officer should have either investigated the bottle further or taken other steps, like having the accused blow in the officer's direction, to isolate the odour. R. v. Carroll, 2011 BCPC 214

DRUG EVALUATION - EVALUATION NOT AS SOON AS PRACTICABLE

When a breath test is not conducted as soon as practicable the Crown loses the presumption that the blood alcohol content at the time the sample was taken was the same as the time of driving. What happens when a drug evaluation test is not conducted as soon as practicable? There is no presumption with respect to the evaluation. The court held that an unreasonable delay in taking the test will result in a finding of an arbitrary detention pursuant to section 9 of the Charter. R. v. Tonelli, 2011 ONCJ 542

BREATH DEMAND - FORGETTING TO READ THE DEMAND FOR 7 MINUTES WAS AS SOON AS PRACTICABLE

The officer forgot to read the breath demand roadside. He read it 7 minutes later at the police station. The court held that as soon as practicable did not mean as soon as possible. The demand was proper.

The accused also argued that the officer did not have the necessary grounds to make the demand. The officer formed his grounds after concluding that the accused was more intoxicated than he originally thought because he was unable to follow directions and provide a sample of breath into the ASD. The court was satisfied that the grounds were met. R. v. Melnik, 2011 SKPC 120