Our client was involved in a motor vehicle accident where his vehicle had run into a building. Our client was hospitalized and an officer made a demand for blood samples soon as practical. This resulted in the analysis of the blood that showed no alcohol present. Ultimately the samples were resubmitted for analysis for drugs and the result was positive.
At trial, the defence challenged the admissibility of the samples of blood which were found to contain controlled drugs therein. While the accident occurred in June, the second set of tests of the blood did not occur until November of the same year and the police had not obtained a further detention order.
The evidence of the controlled drug in the blood sample was inadmissible at trial. The police had failed to renew the detention order from the blood samples which were analyzed for drugs and that was found to be an unreasonable search.