R. v. Andrea

R. v. Andrea

On the totality of driving behaviour (speeding, rolling stops, delayed reaction to police lights) together with physical indicia (odour of alcohol, glassy eyes, enlarged pupils, fumbling papers, thick-tongued speech), the Crown established objectively reasonable and probable grounds to believe the accused's blood alcohol concentration exceeded the legal limit, so the breathalyzer demand was lawful and the application to dismiss is dismissed.

Citation
2003 NSPC 7
Parties
Prosecution: Her Majesty the Queen; Defendant: Martin Michael Andrea
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 March 2003
Procedural Posture
Criminal / Decision on Motion to Dismiss and Admissibility of Breath Evidence
Outcome
Application to dismiss the charge dismissed; court finds demand lawful and reasonable and probable grounds established
Legal Topics
Impaired Driving, Breathalyzer Demand, Reasonable and Probable Grounds, Section 8 Charter Search, Section 24(2) Exclusion
Source Language
English
Criminal Law Constitutional Law Evidence Impaired Driving Breathalyzer Demand Reasonable and Probable Grounds Section 8 Charter Search Section 24(2) Exclusion

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Parties

Her Majesty the Queen

Prosecution

Martin Michael Andrea

Defendant

Procedural Posture

Criminal / Decision on Motion to Dismiss and Admissibility of Breath Evidence

Legal Issues

  1. 1 Whether the arresting officer had reasonable and probable grounds to demand breath samples
  2. 2 Whether the breath evidence should be excluded under s.24(2) of the Charter
  3. 3 Whether a screening device (ALERT) demand was required before a breathalyzer demand

Ratio Decidendi

On the totality of driving behaviour (speeding, rolling stops, delayed reaction to police lights) together with physical indicia (odour of alcohol, glassy eyes, enlarged pupils, fumbling papers, thick-tongued speech), the Crown established objectively reasonable and probable grounds to believe the accused's blood alcohol concentration exceeded the legal limit, so the breathalyzer demand was lawful and the application to dismiss is dismissed.

Court Disposition

Application to dismiss the charge dismissed; court finds demand lawful and reasonable and probable grounds established

Orders

  • Application to dismiss the charge dismissed