What is the test for arrest without a warrant for driving under the influence of alcohol?

British Columbia, Canada


The following excerpt is from R. v. Dobbie, 2001 BCPC 72 (CanLII):

The constable did, however, have a concern that, if left unsupervised at the scene, the accused may have caused a disturbance or engaged in an altercation with the driver of the vehicle he allegedly struck. The accused had behaved in an aggressive manner toward the other driver and the officer arrested the accused because he believed it was necessary to avoid a disturbance or a fight in the parking lot of the North Burnaby Inn. In my view, the constable had reasonable and probable grounds to arrest the accused for this reason; that is, in the public interest to prevent the commission of another offense. The evidence establishes both the subjective and objective elements of the test for arrest without warrant articulated in Regina v. Storrey, supra.

Other Questions


What is the test for sentencing a man who was convicted of possession of a crossbow while driving under the influence of alcohol? (British Columbia, Canada)
What is the test for a driver’s impaired driving under the influence of alcohol? (British Columbia, Canada)
Can an employer force employees to bring their cars to work, knowing they will be driving home from work, and nevertheless effectively encouraged them to drink and drive without limit? (British Columbia, Canada)
What is the legal basis set out in a petition seeking to overturn a prohibition on driving under the influence of alcohol? (British Columbia, Canada)
What is the test for determining whether a defendant acted unreasonably when driving under the influence of alcohol? (British Columbia, Canada)
What is the test for a search warrant and a tracking warrant? (British Columbia, Canada)
What was the evidence given to the Accused during the arrest for impaired driving? (British Columbia, Canada)
What is the test for obtaining an arrest warrant? (British Columbia, Canada)
Does an arresting officer need to establish that the accused has no defence to the charge of assault before making an arrest? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.