When is a driver not a "who is operating a motor vehicle" considered to be a driver?
Alberta, Canada
The following excerpt is from R. v. Cable, 2010 ABPC 55 (CanLII):
When that is no longer so is a matter of degree. Time, intention, and circumstances are doubtless all relevant. As noted above, the relevant time is not when the demand is made, but when the suspicion is formed. Here that was about 15 minutes after the accident, just after the police arrived. The appellant was uninjured and still able to drive. In these circumstances, the policeman could properly view the appellant as one “who is operating a motor vehicle”. The demand was thus proper. Edkins v. Knowles, [1973] 2 All E.R. 503, 508 (D.C.) seems to give some support, retreating from an earlier very literal interpretation ...
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