R. v. J.V. Provincial Court of Alberta (Calgary)
J.V. was charged with operating a motor vehicle with a blood alcohol over .08 and impaired driving. He was pulled over at a Calgary Checkstop, he provided a breath sample on a “Approved Screening Device” at the roadside, which registered a fail, and then subsequently provided a second breath sample on the Checkstop bus. Ms. Urquhart filed a Charter notice outlining a breach of her client’s right to be free from unreasonable search and seizure pursuant to section 8 of the Charter.
Result: After reviewing the Charter notice the Crown withdrew both charges against J.V. on the morning of trial.