Digest: R v Weinbender, 2018 SKPC 15

Reported as: 2018 SKPC 15

Docket Number: 90152230 , PC17103

Court: Provincial Court

Date: 2018-03-08

Judges:

• Kovatch

Subjects:

• Criminal Law � Motor Vehicle Offences � Driving with Blood Alcohol Exceeding .08 � Roadside Screening Devices
• Constitutional Law � Charter of Rights, Section 8, Section 9

Digest: The accused was charged with impaired driving and driving while his blood alcohol content exceeded .08. The defence brought a Charter application, alleging that the accused�s s. 8 and s. 9 Charter rights had been violated. A voir dire was held. The only witness called was the RCMP officer who had stopped the accused�s vehicle because he noticed that one headlight was out. The officer detected a slight smell of alcohol while he spoke to the accused and asked him if he had been drinking. The accused said that he had had one drink. The officer directed the accused to come with him to the police cruiser to take the ASD. At the cruiser the officer performed a quick pat-down search over the accused�s clothes after...