R. v. White

R. v. White

Finding: sitting in the driver’s seat and starting the engine satisfied care or control under Toews/Lockerby, but the Crown failed to establish reasonable and probable grounds for the breath demand and failed to prove criminal impairment beyond a reasonable doubt; accordingly the accused was acquitted on both s.253(b) and s.253(a) counts.

Citation
2006 NSPC 42
Parties
Informant: Her Majesty the Queen; Defendant: Ryan Matthew White
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 September 2006
Procedural Posture
Criminal Impaired Driving / Trial Decision
Outcome
Defendant acquitted on both counts under s.253(a) and s.253(b) of the Criminal Code.
Legal Topics
Care or Control, Breathalyzer Procedures (s.258), Reasonable and Probable Grounds, Criminal Impairment
Source Language
English
Criminal Law Evidence Road Traffic/impaired Driving Care or Control Breathalyzer Procedures (s.258) Reasonable and Probable Grounds Criminal Impairment

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Parties

Her Majesty the Queen

Informant

Ryan Matthew White

Defendant

Procedural Posture

Criminal Impaired Driving / Trial Decision

Legal Issues

  1. 1 Did the accused have care or control of the vehicle?
  2. 2 Were the breath samples taken in compliance with s.258 timing requirements?
  3. 3 Did police have reasonable and probable grounds to demand a breath sample?

Ratio Decidendi

Finding: sitting in the driver’s seat and starting the engine satisfied care or control under Toews/Lockerby, but the Crown failed to establish reasonable and probable grounds for the breath demand and failed to prove criminal impairment beyond a reasonable doubt; accordingly the accused was acquitted on both s.253(b) and s.253(a) counts.

Court Disposition

Defendant acquitted on both counts under s.253(a) and s.253(b) of the Criminal Code.

Orders

  • Counts under s.253(a) and s.253(b) dismissed; defendant acquitted