REASONABLE SUSPICION - BAD DRIVING AND ADMISSION TO CONSUMING ALCOHOL 5 HOURS EARLIER WAS ENOUGH

At 2:00 a.m. officers pulled the accused over after he crossed the centre line, almost colliding head-on with a police car and not returning into his own lane for almost 3 seconds. The driving was more than just split second lapse, excessive speed or a rolling stop.The accused admitted that he consumed alcohol 5 hours earlier. There were no other indicia of impairment. The trial judge was correct when he concluded that the officer had the necessary subjective and objective grounds to make an ASD demand. R. v. Mutisi, 2011 ONSC 6138