Les éléments observés permettant de conclure à l’affaiblissement des facultés par l’alcool
R. v. Landes, 1997 CanLII 11314
An opinion as to impairment, be it by the trial judge or a non-expert, must meet an objective standard of « an ordinary citizen » or a « reasonable person » in order to avoid the uncertainties associated with subjective standards, particularly when based on inferences. To that end a list of tests and observations has been developed for use by peace officers and courts in determining whether an accused’s mental faculties and physical motor skills were impaired by alcohol to the degree of impairing the accused’s ability to drive a motor vehicle. Those observations and tests include: (1) evidence of improper or abnormal driving by the accused; (2) presence of bloodshot or watery eyes; (3) presence of a flushed face; (4) odour of an alcohol beverage; (5) slurred speech; (6) lack of coordination and inability to perform physical tests; (7) lack of comprehension; and (8) inappropriate behaviour.
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