R. v. Grayling, (1976) 1 A.R. 343 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 15, 1976
• Citations: (1976), 1 A.R. 343 (DC)

R. v. Grayling (1976), 1 A.R. 343 (DC)

MLB headnote and full text

R. v. Grayling

Indexed As: R. v. Grayling

Alberta District Court

Bracco, J.D.C.

November 15, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1377

Motor vehicle - Impaired driving - Breathalyzer - Refusal to comply with a demand to take a breathalyzer test - What constitutes refusal - The accused was found in his vehicle obviously very drunk - The police officer made a demand that the accused accompany him to provide a breath sample - The accused said nothing and had to be forcibly removed from his vehicle and taken to the police vehicle - The Alberta District Court held that the behaviour of the accused constituted refusal to comply with the demand and his subsequent refusals at the police station were irrelevant - The District Court stated that it was not a reasonable excuse for refusal that the technician told the accused that he could not smoke before taking the breathalyzer test.

Cases Noticed:

R. v. Rowe (1974), 12 C.C.C.(2d) 24, appld. [para. 6].

R. v. Matthews (1973), 14 C.C.C.(2d) 1, appld. [para. 7].

R. v. Kitchemonia (1973), 12 C.C.C. (2d) 225, appld. [para. 8].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(2).

Counsel:

D.W. Kilgour, for the Crown;

O. Kruger, for the appellant.

This case was heard at Edmonton, Alberta, before BRACCO, J.D.C., of the Alberta District Court, Judicial District of Edmonton.

On November 15, 1976, BRACCO, J.D.C., delivered the following judgment: