R. v. Spiering

[2002] O.J. No. 4278



-accused charged with impaired driving -officer observed left wheels of a vehicle being driven by the accused touching the yellow line that marke the centre of the travelled portion of the street -officer stopped vehicle to check for sobriety of driver -smelled alcohol and asked if accused consumed alcoholic beverages -response was affirmative; officer decided to make an analysis of his breath -officer called for a screening device, which was delivered a few minutes later where he demanded accused's breath samples -trial judge dismissed information on the ground that the detention out of which the charge arose was made without any reasonable suspicion of wrongdoing and that the inculpatory evidence that resulted from the detention -that constituted the wh9ole of Crown's case, had to be excluded -Crown argued that the stated basis for dismissal was wrong in law.