Accused successfully appeals conviction on over 08 charge.

Vancouver Criminal Lawyer:  Brian E. Mickelson
Accused successfully appeals conviction on over 08 charge.

CRIMINAL DEFENCE CASE FACTS:
The accused was taken to hospital after he drove his motor vehicle into a building. The police officer noted an overwhelming odour of liquor on the accused and accompanied him by ambulance to the hospital. The police officer obtained a warrant and blood samples were taken. The accused was convicted at trial and appealed.

HELD: APPEAL ALLOWED, CONVICTION QUASHED
The warrant was defective. The constable had not obtained the opinion from a qualified medical practitioner that the appellant was “unable to consent to the taking of samples of his blood”. There was no urgency or other circumstances to justify a warrantless seizure. The evidence was ruled inadmissible and the conviction quashed.

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