Digest: R v Uffelman, 2018 SKPC 8

Reported as: 2018 SKPC 8

Docket Number: 24485090 , PC17102

Court: Provincial Court

Date: 2018-02-12

Judges:

• Baniak

Subjects:

• Criminal Law � Motor Vehicle Offences �Impaired Driving � Driving/Care or Control with Excessive Alcohol � Roadside Screening Devices
• Constitutional Law � Charter of Rights, Section 8, Section 9

Digest: The accused was charged with having care or control of a vehicle while his ability to operate it was impaired by alcohol contrary to s. 255(1) and s. 253(1)(a) of the Criminal Code and with having care or control of a vehicle while his blood alcohol content exceeded the legal limit contrary to s. 253(1)(b) and s. 255(1) of the Code. The defence made a Charter application alleging that the accused�s s. 8 and s. 9 rights had been infringed. It argued that the results of the ASD test could not be relied upon to create the reasonable grounds for a breath test pursuant to s. 254(3) of the Code because the ASD machine had not been maintained as its annual maintenance had not been conducted. The officer�s pat-down search of the accused prior to the administration of the ASD test violated his s. 8 Charter rights. The officer responded to a call late at night made from a rural farmstead. The owners reported that a parked vehicle with its engine running was in one of their fields....