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Title: R. v. Milne
Cite: 107 C.C.C. (3d) 118
Court: ON CA
Justices: Houlden, Abella and Moldaver JJ.A.
Result: Appeal allowed; acquittal entered.
Issue: Use of Physical & ASD Tests Prior to RTC
Upon approaching accused police officer detected a strong order of alcohol on his breath. Accused admitted drinking two glasses of wine. Officer then performed a number of sobriety tests. He failed them. Accused was arrested and given breath demand. Note read his rights to counsel after the physical tests had been performed. Edit
The trial judge should not have considered the evidence resulting from the co-ordination tests when deciding whether Crown had proven impaired driving beyond a reasonable doubt. Purpose of these tests under section 48(1) HTA legitimate. Edit
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