COLLISION - REASONABLE GROUNDS, RIGHT TO COUNSEL, SAMPLES OUTSIDE TWO HOURS, CAUSATION

Officers arriving at the scene of a fatal collision have to deal with a number of issues.  The officer in this case was confronted with every one of them:  were there enough grounds for an ASD demand, was there a proper breath demand, did the officer comply with Mr. Flight's right to counsel, were the samples that were obtained over two hours after the collision admissible and did impairment actually cause the collision.  The trial judge concluded that those issues had all been handled well and the accused was convicted of impaired causing. That finding was upheld by the Alberta Court of Appeal.  R. v. Flight, 2014 ABCA 185