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Reviews of Investigating Impaired Drivers
« DEFENCES - NECESSITY DEFENCE SUCCESSFUL | Main | EVIDENCE TO THE CONTRARY - COURT REJECTS "EXTERNAL PRINTER" ARGUMENT »
Sunday
Dec072014

SECTION 10(A) - REASONS FOR DETENTION ARE REQUIRED

Mr. Woychuk was pulled over at 4:55 pm. He was asked no questions about where he had been or whether or not he had been drinking. The officer only asked where he was going. Though the officer was aware, from the moment that he stopped Mr. Woychuk, that he was investigating Mr. Woychuk for impaired driving, there was nothing said by the officer to Mr. Woychuk that would have allowed him to understand the reason for his detention. The officer simply asked Mr. Woychuk to get out of his truck and follow him toward the police car. The Court concluded that section 10(a) was breached:

Section 10 (a) requires the police to tell detainees the reason for their detention. The purpose behind s. 10(a) is to allow the detainee to understand the jeopardy he faces. R. v. Woychuk, 2014 ABQB 622