What is the test for a police officer's opinion that the accused was impaired by alcohol?
Alberta, Canada
The following excerpt is from R. v. May, 2008 ABPC 312 (CanLII):
The police officer’s subjective opinion as expressed in his testimony that the accused’s ability to operate a motor vehicle was impaired by alcohol, must be supported by objectively discernible facts. There must be an evidentiary foundation for such grounds that meets the standard of credibly based probability, (Baron v. Canada, (1993) 1993 CanLII 154 (SCC), 78 C.C.C. (3d) 510, S.C.C.).
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