Mar 17, 2014

Summary of R. v. Tedford

R. v. Tedford, 2005 SKPC 109 (CanLII)
The accused is charged with impaired driving contrary to s. 253(a) of the Criminal Code and refusing to comply samples of his blood contrary to s. 254(5) of the Criminal Code.HELD: The accused is guilty of refusing to give blood samples. He is acquitted of the charge of impaired driving. 1) At 6:45 a.m. the police officer received a complaint from the accused's sister that the accused had left their campsite and was driving home after consuming alcohol. At 8:05 a.m. the police officer was advised of a motor vehicle accident with the vehicle matching the licence number given to her earlier by the accused's sister. The vehicle had rolled over. The officer attended the hospital and observed the accused with a neck brace lying on a bed and was advised by the nurses that the accused was awaiting x-rays. In speaking with the accused, the office smelt liquor on his breath and after giving him his rights to counsel and police warning made the blood demand. The officer had reasonable and probable grounds to make the blood demand. 2) The officer complied with the preconditions in s. 254(3)(i) and (ii) of the Code in that since the accused was on his way for x-rays and because of the neck brace, he was incapable of supplying breath samples or as well it would be impracticable to obtain a sample of breath. 3) At best the accused consumed alcohol and that at the hospital the police officer smelled liquor on the accused's breath. There is no evidence as to the manner of driving except for the roll-over which without more is not conclusive that the roll-over was caused solely or partially due to the accused's inebriation.