R. v. Ramage (K.D.), [2015] A.R. TBEd. JL.134

• Judge: Deck, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: May 25, 2015
• Citations: [2015] A.R. TBEd. JL.134;2015 ABPC 162

R. v. Ramage (K.D.), [2015] A.R. TBEd. JL.134

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. JL.134

Her Majesty the Queen (Crown) v. Kyle Dean Ramage (accused)

(150306249P1; 2015 ABPC 162)

Indexed As: R. v. Ramage (K.D.)

Alberta Provincial Court

Deck, P.C.J.

July 17, 2015.

Summary:

The accused was charged with impaired driving and driving while over 80. Defence counsel filed a Charter notice submitting that any evidence or observations of impairment that were noted from the time the investigating officer entered into an impaired investigation until the accused was provided an opportunity to consult counsel ought to be excluded. The defence submitted that at the point where the officer directed the accused to get out of the vehicle, the officer entered into an impaired operation investigation.

The Alberta Provincial Court ruled that the evidence of the officer's observations of the accused upon exiting the vehicle were admissible. That included the observation of the "overwhelming odour of alcohol coming from his breath." The court found the accused guilty of impaired driving. There was no evidence given with respect to the over 80 charge. The court found the accused not guilty of that offence.

Civil Rights - Topic 4610

Right to counsel - General - Impaired driving - See paragraphs 23 to 44.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 23 to 44.

Criminal Law - Topic 1362

Offences against person and reputation - Motor vehicles - Impaired driving - Evidence and proof - See paragraphs 46 to 52.

Counsel:

J. Petty, for the Crown;

W. Willms, for the accused.

This matter was heard on May 25, 2015, before Deck, P.C.J., of the Alberta Provincial Court, who delivered the following decision on July 17, 2015.