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