Law Cans Episode 3 – R v. Alex (Challenging Breathalyzer Results) with Kyla Lee

30th Apr 2018 Comments Off on Law Cans Episode 3 – R v. Alex (Challenging Breathalyzer Results) with Kyla Lee

Last updated on May 18th, 2018

R v. Alex. is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine whether the Crown needed to prove that a police officer’s request that an individual blow into an approved screening device was reasonable before it could admit the results of the breathalyzer without having to call a toxicologist and a technician as a witness.

Kyla Lee is an Associate at Acumen Law Corporation, She is the host of Driving Law, a podcast which focuses on Canadian DUI law. She can be found at @IRPLawyer online.

1:20 – An overview of the facts of the case in R v. Alex. A person is pulled over during a seatbelt check in Penticton, British Columbia.  A police officer notices that he smelled an odour of liquor as he approached the vehicle and there was an open beer can on the floor near the passenger side. The driver, Mr. Alex, had “red cheeks” and “watery eyes.” There was nothing else to suggest that the person was impaired.  The driver had no difficulty parking the car and no difficulty exiting the vehicle. The police officer did not take any notes about why he thought Mr. Alex was drunk, but says that he wouldn’t have pulled him over if he did not think he had a reasonable suspicion.  The police officer requires that Mr. Alex use an approved screening device which he fails, which is almost double the legal limit of 0.08. He then takes him to a police station where his breath samples registered .140 and .130 mg of alcohol, which is almost double the legal limit.

1:34 – Introduction to who Kyla Lee is.

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