What was the evidence given to the Accused during the arrest for impaired driving?
British Columbia, Canada
The following excerpt is from R. v. Spitters, 2006 BCPC 194 (CanLII):
Constable Lane testified that “I formed the opinion that in the preceding three hours he’d consumed alcohol” and arrested the Accused for impaired driving. This took place at 2:45 a.m. She read the Accused his rights under section 10(a) and (b) of the Canadian Charter of Rights and Freedoms from a card and also informed him of his right to counsel in accordance with Regina v. Brydges. Finally, she gave the Accused what is commonly referred to as the “official police warning.” The Accused acknowledged his understanding of each of these.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing the evidence of the accused, does the accused have bad character? (British Columbia, Canada)
Does an arresting officer need to establish that the accused has no defence to the charge of assault before making an arrest? (British Columbia, Canada)
What is the test for impaired drivers in the context of impaired driving section of the Criminal Code? (British Columbia, Canada)
When placed under arrest for refusing to provide a breath sample, what are the Charter breaches alleged by the accused against the accused? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
What is the difference between impaired driver and impaired driver? (British Columbia, Canada)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
What is the test for causation in impaired driving cases? (British Columbia, Canada)
