R. v. West

[2004] O.J. No. 5187

Facts

ON SCJ

A vehicle was located in a ditch. West was sitting outside of teh vehicle and when asked who was driving the vehicle west refused to identify the driver. He stated that the vehicle was in an accident but he told the firefighters who were at the scene before the police that there was another person involvoed in the accident, but later denied that by saying that there was no other individual and he was not driving. West was arrested and the police demanded a breath sample 12 minutes later. He was charged with over 80 and impairment. He argued that the police did not have reasonable and probable grounds to make a breath demand and that he was questions without being advised of his RTC. Furthermore he argued that the damand was not made as soon as practicable.

Reasons

ON SCJ

I accept the evidence of Cst Ali and the relayed information by Cst Watkins together with the Subjective and Objective criteria, constituted R+PG for an arrest. The evidence was consistant and credible a I further find that Cst Ali asked the questions prior to placing the accused under arrest and makeing a demand. S.8 is dismissed. Cst Watkins did not need to give the accused the RTC because he did not detain him nor there was any indication that there was a need to detain the accused.