R. v. M.L. Provincial Court of Alberta (Calgary)
M.L. was stopped at an Alberta Checkstop at 2 in the morning. She was approached by a member of the Calgary Police Service. When asked if she had consumed any alcohol she indicated that she had consumed one beer 8 hours prior. She was asked to exit her vehicle and provided a breath sample that registered a fail on the roadside-screening device. She was subsequently charged with impaired driving and operating a motor vehicle while her blood alcohol level exceeded .08. Ms. Urquhart filed a Charter notice alleging that M.L.’s right to be free from arbitrary detention and free from unlawful search and seizure were violated.
Result: After reviewing the Charter notice, Crown counsel withdrew M.L.’s charges on the afternoon of trial.