R. v. Huot (M.) (No. 3), (2001) 209 Sask.R. 171 (ProvCt)

• Judge: Kolenick, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 01, 2001
• Jurisdiction: Saskatchewan
• Citations: (2001), 209 Sask.R. 171 (ProvCt)

R. v. Huot (M.) (2001), 209 Sask.R. 171 (ProvCt)

MLB headnote and full text

Temp. Cite: [2001] Sask.R. TBEd. JN.012

Her Majesty the Queen v. Michel Huot (No. 3)

(Information No. 43262391)

Indexed As: R. v. Huot (M.) (No. 3)

Saskatchewan Provincial Court

Kolenick, P.C.J.

June 1, 2001.

Summary:

The accused was charged with impaired driving and driving with an excessive blood-alcohol level.

The Saskatchewan Provincial Court acquitted the accused of both offences.

Editor's note: for a related case involving these parties see [2001] Sask.R. Uned. 85.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evidence and proof - A police officer observed the accused make three turns without using a signal light - The accused swung out wide at an intersection - He stopped his vehicle without delay when signalled by the officer - His vehicle inexplicably rolled forward 10 feet thereafter - His eyes were glassy and very bloodshot - He fumbled with his wallet - He was slow locating his license and responding to the officer's request to turn down the radio - The officer did not notice any problems with the accused's walking or balance - The accused was able to carry on a rational dialogue and did not display slurred speech - The accused smelled of alcohol and was somewhat frustrated and hostile at the police station - The Saskatchewan Provincial Court held that the evidence was insufficient to prove impairment beyond a reasonable doubt and acquitted the accused of impaired driving - See paragraphs 24 to 34.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence and certificate evidence - At 1:43 a.m. a police officer read the accused his rights and made a demand for breath samples - The first breath sample was taken at 2:18 a.m. - The officer and his partner failed to note any of the material times for the events which occurred during the 35 minutes between those time intervals (i.e., departure from roadside, arrival at station, etc.) - The Saskatchewan Provincial Court acquitted the accused of driving with an excessive blood-alcohol level - The evidence was insufficient to establish that the breath samples were taken as soon as practicable - Officers were required to keep reasonable track of the times of the key matters as they occurred during the course of the investigation - Otherwise, the court would be unable to put the consideration of any apparent delay in its proper context - See paragraphs 8 to 23.

Cases Noticed:

R. v. McCoy (1990), 86 Sask.R. 204 (Q.B.), refd to. [para. 8].

R. v. Carter (1981), 9 Sask.R. 1; 59 C.C.C.(2d) 450 (C.A.), refd to. [para. 8].

R. v. Tarr (L.) (1998), 168 Sask.R. 161; 173 W.A.C. 161 (C.A.), refd to. [para. 8].

R. v. Besplug (M.S.) (2000), 191 Sask.R. 284 (Prov. Ct.), refd to. [para. 8].

R. v. Payne (1990), 38 O.A.C. 161 (C.A.), refd to. [para. 10].

R. v. Kutash (N.W.) (1991), 92 Sask.R. 52 (Q.B.), refd to. [para. 10].

R. v. Lott, [1997] S.J. No. 134 (Prov. Ct.), refd to. [para. 10].

R. v. Arevalo (B.) (2001), 205 Sask.R. 315 (Prov. Ct.), refd to. [para. 26].

R. v. Landes (T.) (1997), 161 Sask.R. 305 (Q.B.), refd to. [para. 27].

Counsel:

Paul Goldstein, for the Crown;

Rod Gillies, for the accused.

This matter was heard before Kolenick, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on June 1, 2001.