R. v. Ferguson

[1996] O.J. No. 4625

Facts

ON PD

RIDE program, denial of consumption, within 30 to 45 seconds Cst. noticed slurred speech, eyes glassy, strong odour alcholoic beverage from vehicle (area of driver), driver took off when directed to stop. but denial, no evidence of manner in which driving prior to stop or after RIDE, no co-ordination test, no idea balance,officer decided grounds and arrested, no ASD used

Reasons

ON PD

grounds to direct coordination tests, ground to require ASD test and dtain for sufficient time to do so, objectively viewed did not have reasonable and probable ground to arrest, s. 9 violated, pursuant to s. 24(2) had it not been for the violation of the rights any further evidence of impairment would not have been obtained,all evidence gathered subsequent to arrest excluded

Considered

ON PD

decision includes synopsis of R. v. David Cooper, 46 M.V.R. (2d) 231 per Judge MacDonnell

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