In what circumstances must a police officer be able to establish that the accused has alcohol in his system?
Saskatchewan, Canada
The following excerpt is from R. v. Eddingfield, 2005 SKPC 47 (CanLII):
In R v. Makhota [2004] O.J. No. 5415, P.J. Wright J. held that there must be direct evidence of the officer suspecting that the accused had alcohol in his system: Nowhere, did the officer say in his evidence that he formed a suspicion that the defendant had alcohol in his system. While inferences could be drawn from the facts, the legislation is framed in such a manner that I must receive direct evidence of that factor. It is not something that I may infer, however attractive or persuasive it would be to do so.
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