This decision addresses the issue of reasonable and probable grounds (RPG) for arrest and demand in a drug-impaired driving case.
The court found that Officer Accursi had both subjective and objectively reasonable grounds to arrest Dalton Powell based on observations corroborated by a civilian witness and body camera footage.
The accused's Charter s. 8 and s. 9 rights were found not to be violated, including an overholding claim where the accused was detained for approximately six hours after the initial arrest.
The court also found the Crown proved impairment beyond a reasonable doubt based on officer observations, Drug Recognition Expert (DRE) testing, and urinalysis results.
