R. v. Gavin

50 M.V.R. (2d) 302

Ratio

PE CA

indicia of impairment which are only discovered ex post facto cannot rehabilitate an invalid or premature demand

Facts

PE CA

"medium" smell of liquor coming from mouth, "bloodshot" eyes, walked "a bit" unsteadily, later received information indicating driver and time of accident within 2 hours

Reasons

PE CA

data at time makes demand ... must have sufficient objective persuasiveness as would lead a reasonable person similarly situated to conclude that more likely than not the accused had, within the two prerceding hours committed a s. 253 offence