R. v. Lindo

1996 CarswellOnt 1972

Facts

ON PD

officer after observing the driving had in his mind that accused may be impaired, smelled alcohol, speech slurred, walking somewhat unsteadily, eyes bloodshot, trouble documents from wallet. had never spoken to this accused before, eyes could be indication of illness or lack of sleep, grounds (using Storrey test) existed for roadside breath test rather than arrest and breath sample demand