R. v. Ashby

R. v. Ashby

On the totality of the direct and circumstantial evidence (citizen report of erratic driving linked to the accused vehicle, rapid police attendance, accused found asleep in the driver’s seat with keys, officer observations of alcohol impairment) the officer had both a subjective honest belief and objective reasonable grounds to demand breath samples; the Certificate of Analysis was therefore admissible and established an over-limit reading, and the accused was proven beyond a reasonable doubt to have had care or control and to have driven while impaired (care or control includes driving).

Citation
2011 NSPC 114
Parties
Crown: Her Majesty the Queen; Accused: Todd Ashby
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 October 2011
Procedural Posture
Criminal (impaired Driving) / Trial Judgment
Outcome
Guilty on both counts; Crown to elect one conviction and a conditional stay to be entered on the other
Legal Topics
Breath Demand, Care or Control, Reasonable Grounds, Presumption of Identity, Presumption of Driver Seat (s.258), Section 253 Offences
Source Language
English
Criminal Law Impaired Driving Evidence Statutory Interpretation Breath Demand Care or Control Reasonable Grounds Presumption of Identity +2 more

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Parties

Her Majesty the Queen

Crown

Todd Ashby

Accused

Procedural Posture

Criminal (impaired Driving) / Trial Judgment

Legal Issues

  1. 1 Whether the peace officer had reasonable grounds to demand a breath sample under s.254(3)
  2. 2 Whether the accused was in care or control of the vehicle at relevant times
  3. 3 Whether the offence of care or control includes driving while impaired

Ratio Decidendi

On the totality of the direct and circumstantial evidence (citizen report of erratic driving linked to the accused vehicle, rapid police attendance, accused found asleep in the driver’s seat with keys, officer observations of alcohol impairment) the officer had both a subjective honest belief and objective reasonable grounds to demand breath samples; the Certificate of Analysis was therefore admissible and established an over-limit reading, and the accused was proven beyond a reasonable doubt to have had care or control and to have driven while impaired (care or control includes driving).

Court Disposition

Guilty on both counts; Crown to elect one conviction and a conditional stay to be entered on the other

Orders

  • Admitted Certificate of a Qualified Technician (Data master) dated June 24, 2010 as Exhibit A
  • Found guilty of offences contrary to s.253(1)(a) and s.253(1)(b) of the Criminal Code; Crown to indicate which offence on which it seeks conviction