IDENTITY, REASONABLE GROUNDS, AS SOON AS PRACTICABLE
Sunday, October 19, 2014 at 11:07PM This case dealt with a number of issues on appeal:
Identity - Was proven at trial. Although the civilian witness did not pick the accused out at Court, he did testify that he told the main investigating officer that the accused was "the guy" who had been driving the suspect vehicle.
Reasonable Grounds - The standard of "reasonable grounds to believe" simply requires the trial judge to determine whether the officer had a subjective belief of impairment and whether the factors articulated by the officer for such belief were reliable and capable of objectively supporting that belief on all the evidence.
As soon as practicable - A time of 13 minutes between the officer arriving at the scene and making the formal breath demand was reasonable. The officer had to make observations and investigate the issue of who had been driving the suspect vehicle. R. v. Racine, 2014 SKCA 73