R. v. Capowski, (1982) 39 A.R. 494 (QB)

• Judge: Hope, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 03, 1982
• Citations: (1982), 39 A.R. 494 (QB)

R. v. Capowski (1982), 39 A.R. 494 (QB)

MLB headnote and full text

R. v. Capowski

Indexed As: R. v. Capowski

Alberta Court of Queen's Bench

Judicial District of Edmonton

Hope, J.

September 3, 1982

Summary:

An accused appealed his conviction of a charge of impaired driving, contrary to the Criminal Code of Canada, R.S.C. 1970, c. C-34. The Alberta Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breathalyzer solution - A breathalyzer certificate indicated that the breath samples were taken at 02:39 a.m. and 02:56 a.m. - The Alberta Court of Queen's Bench held that the certificate was valid and that there was no confusion with respect to whether the certificate referred to the 2400 system or the a.m. - p.m. system - The court stated that the "O" in front of the time was clarified by the letters a.m. - See paragraph 4.

Cases Noticed:

R. v. Bykowski (1980), 23 A.R. 426; 54 C.C.C.(2d) 398, refd to. [para. 2].

R. v. Berehula (1980), 6 Sask.R. 181 (Sask. D.C.), refd to. [para. 2].

R. v. Domanski (1979), 1 Man.R.(2d) 77; 50 C.C.C.(2d) 226 (Man. C.C.), refd to. [para. 2].

R. v. Aitkinhead (1980), 8 Man.R.(2d) 395 (Man. C.C.), refd to. [para. 2].

R. v. Cote, [1977] 2 W.W.R. 174; 13 N.R. 271, consd. [para. 3].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c) [para. 2].

Counsel:

J.H. Odishaw, for the appellant;

S. Putwind, for the Crown.

This appeal was heard before HOPE, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on September 3, 1982: