What is the test for impairment of the ability to drive?
Alberta, Canada
The following excerpt is from Appellant (Re), 2013 ABTSB 137 (CanLII):
42. The case of R v. Andrews (ABCA) shows that there must be proof, in a criminal court, of impairment of the ability to drive, with conduct that deviates from normal behavior. Even if the Appellant failed to signal a lane change or briefly drift close to another vehicle – which the Appellant did not – that would not diverge from normal driving. That happens with perfectly sober drivers.
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