R. v. Wilson

56 C.C.C. (3d) 142



-accused charged with impaired/over 80, stopped by a police officer in a small town -officer testified that there was nothing wrong with the accused's driving, but the officer was patrolling for impaired drivers and stopped accused because it was a block away from a bar that just closed -vehicle had out-of-province licence plate and the officer did not recognize the vehicle nor the three male occupants -once vehicle stopped officer detected odour of alcohol and accused failed a test with A.L.E.R.T device -at the station accused provided breath samples at 130 mg. of alcohol per 100 ml. of blood -at trial accused argued he had been arbitrarily detained in violation of s. 9 of the Canadian Charter of Rights and Freedoms -accused convicted of the "over 80" offence and his appeal to the Alberta Court of Appeal was dismissed.