IMPAIRED – SCREENING TEST – REASONABLE SUSPICION

R. v. Veats, 2014 ABQB 203 per Pentelechuk, J:

Defence appeal from conviction on charge of over .08. Issue regarding trial judge’s finding that a reasonable suspicion existed for the taking of a screening sample. Accused admitted to having “two drinks at the Oilers game”, however, the accused’s vehicle was not stopped until 2:25 am.

Held: Appeal dismissed.

Ishmael, 2012 ABCA 282 confirmed that admission of alcohol consumption alone is sufficient to support a reasonable suspicion that alcohol is in the person’s system … [the] cases reject any suggestion an officer should engage in an evaluation of the type, quantity or timing of consumption. No single factor, such as the time of consumption, should vitiate or substantiate whether an officer’s suspicion is reasonable. Further, an admission of consumption does not require an officer to do ‘expert-type calculations to try and determine if alcohol is still in the body: Chipchar, 2009 ABQB 562.”

R. Hladun – Defence Counsel