R. v. Indzeoski, (1981) 15 Sask.R. 314 (ProvCt)

• Judge: McMurdo, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 30, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 15 Sask.R. 314 (ProvCt)

R. v. Indzeoski (1981), 15 Sask.R. 314 (ProvCt)

MLB headnote and full text

R. v. Indzeoski

Indexed As: R. v. Indzeoski

Saskatchewan Provincial Court

Judicial Centre of Saskatoon

McMurdo, P.C.J.

September 30, 1981

Summary:

An accused was charged with failing or refusing to provide a breath sample by means of a roadside screening device, contrary to s. 234.1(2) of the Criminal Code.

The Saskatchewan Provincial Court acquitted the accused.

Criminal Law - Topic 1386.3

Motor vehicles - Impaired driving - Roadside screening test - Refusal to provide breath sample - An accused blew four times into a roadside screening device, but was charged with refusal when, in the police officer's opinion, a suitable sample was not obtained - The Saskatchewan Provincial Court held that the accused did not refuse to provide a breath sample - See paragraphs 2 to 10.

Criminal Law - Topic 1385

Motor vehicles - Impaired driving - Roadside screening test - General - A police officer did not check to see if a roadside screening device was working properly, but noticed: that it was operational, according to the records - The Saskatchewan Provincial Court, on a charge arising from the use of the device, referred to the onus on the Crown to satisfy the court that the machine was in working order throughout the tests - The court opined that the device should be tested both before and after its use - See paragraphs 11 to 13.

Counsel:

Ian Buckwold, for the Crown;

Russell Weber, for the accused.

This charge was heard before McMURDO, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Saskatoon. The decision of McMURDO, P.C.J., was delivered at Saskatoon, Saskatchewan, on September 30, 1981.