What is the effect of being detained by police while driving the family vehicle?

New Brunswick, Canada


The following excerpt is from R. v. Gallant, 2007 NBPC 28 (CanLII):

The only observation that warrants further comment is that of the “pasty mouth”. It is reasonable to conclude that an eighteen year old driver detained by police in the circumstances described, while driving the family vehicle, would be affected by the interaction with police. Certainly any formal contact with police usually causes a significant amount of anxiety in the person who has minimally become “a person of interest” in any police investigation. Delaware v. Prowse 440 U.S. 648 at p. 567. This reality was recognized in R. v. White 1999 CanLII 689 (SCC), [1999] 2 S.C.R. 417 (S.C.C.) at paragraph 58 where the majority said in part: Importantly, also, the driver is generally in the officer’s immediate physical presence. The result is, quite unlike the situation in Fitzpatrick, a context of pronounced psychological and emotional pressure. The “pasty mouth” is scant evidence of impairment.

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