R. v. Wheeler, (1979) 18 A.R. 400 (QB)

JudgeMacLean, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateOctober 09, 1979
Citations(1979), 18 A.R. 400 (QB)

R. v. Wheeler (1979), 18 A.R. 400 (QB)

MLB headnote and full text

R. v. Wheeler

Indexed As: R. v. Wheeler

Alberta Court of Queen's Bench

Judicial District of Edmonton

MacLean, J.

October 9, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1378

Motor vehicles - Impaired driving - Breathalyzer - Excuse for refusal to provide breath sample - The accused driver was apprehended by the police on his driveway - The accused was given a breathalyzer demand - The accused requested the right to call counsel from his home - The police officer told the accused that he could make the call from the police station - The officer subsequently decided not to return to the police station, charged the accused with refusal under s. 235 of the Criminal Code and released him under an appearance notice - The accused was convicted of refusing to provide breath samples - The accused appealed - The Alberta Court of Queen's Bench allowed the accused's appeal and held that he had a reasonable excuse for refusal - The Court of Queen's Bench held that the officer's conduct in charging the accused without returning to the police station amounted to a denial of the accused's right to retain and instruct counsel without delay.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(1) [para. 2].

Counsel:

D.W. Hagg, for the appellant;

R.S. Stelmaczonek, for the respondent.

This case was heard before MacLEAN, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton.

On October 9, 1979, MacLEAN, J., delivered the following judgment:

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