R. v. Straiton-Garety

R. v. Straiton-Garety

The traffic stop was lawful given observed erratic driving; Sergeant Burt, drawing on his experience and the totality of circumstances (erratic driving, strong odour of alcohol, blank stare, slow responses, dishevelled appearance and corroboration by a second officer), held an honest belief supported by reasonable grounds that the accused was impaired, making the breath demand lawful; Charter rights were administered promptly and there were no Charter breaches, so the breath evidence was admissible and established an over-80 offence, with a stay entered on the impaired-driving count under the rule against multiple convictions.

Citation
2020 NSPC 7
Parties
Crown: Her Majesty the Queen; Accused: James Straiton-Garety
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 January 2020
Procedural Posture
Criminal Impaired Driving / Trial With Blended Voir Dire and Final Decision
Outcome
Accused found guilty of s.320.14(1)(b) (blood alcohol >80 mg/100 ml); stay of proceedings entered on s.320.14(1)(a) impaired operation charge
Legal Topics
Impaired Driving, Breath Demand and Breathalyzer, Unreasonable Search and Seizure (s.8), Arbitrary Detention (s.9), Right to Be Informed of Reasons for Arrest (s.10(a)), Exclusion of Evidence (s.24(2))
Source Language
English
Criminal Law Constitutional/charter Law Road Traffic Law Impaired Driving Breath Demand and Breathalyzer Unreasonable Search and Seizure (s.8) Arbitrary Detention (s.9) Right to Be Informed of Reasons for Arrest (s.10(a)) +1 more

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Parties

Her Majesty the Queen

Crown

James Straiton-Garety

Accused

Procedural Posture

Criminal Impaired Driving / Trial With Blended Voir Dire and Final Decision

Legal Issues

  1. 1 Did police effect a lawful traffic stop?
  2. 2 Did police have reasonable grounds to make a breath demand?
  3. 3 Did police promptly inform the accused of the reason for his arrest?

Ratio Decidendi

The traffic stop was lawful given observed erratic driving; Sergeant Burt, drawing on his experience and the totality of circumstances (erratic driving, strong odour of alcohol, blank stare, slow responses, dishevelled appearance and corroboration by a second officer), held an honest belief supported by reasonable grounds that the accused was impaired, making the breath demand lawful; Charter rights were administered promptly and there were no Charter breaches, so the breath evidence was admissible and established an over-80 offence, with a stay entered on the impaired-driving count under the rule against multiple convictions.

Court Disposition

Accused found guilty of s.320.14(1)(b) (blood alcohol >80 mg/100 ml); stay of proceedings entered on s.320.14(1)(a) impaired operation charge

Orders

  • All evidence including officers' testimony and breath test results admitted
  • Stay of proceedings entered on impaired driving charge (s.320.14(1)(a))