Roadside observations of police supported impaired driving charge

Criminal Law - Post-trial detention and release - Release pending appeal

Accused was arrested for driving over 80 and driving while impaired. Accused claimed that at police station his right to obtain counsel of choice pursuant to s. 10(b) of Canadian Charter of Rights and Freedoms was violated. Accused convicted of impaired driving and over 80 charge stayed due to Kienapple principle. Accused appealed. Accused brought application for bail pending appeal. Application dismissed. Appeal was frivolous, as roadside observations of police supported impaired driving charge, and conduct which related to alleged breach of Charter related to over 80 charge. Over 80 charge had been stayed and was not before court. No evidence that roadside observations were obtained in violation of rights of accused. In reasons, judge referred to blood alcohol level as fact only and did not use it as factor proving impairment.

R. v. Singh (2019), 2019 CarswellOnt 8097, 2019 ONSC 2877, B.A. Allen J. (Ont. S.C.J.).

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