VANCOUVER - A B.C. court says it's okay for police officers to ask for a whiff of breath from a suspected drunk driver.
The ruling may have implications for a planned appeal for Nickelback lead singer Chad Kroeger, who was convicted on an impaired driving charge in Surrey, B.C. after a Mountie asked him to blow in his face.
The B.C. Court of Appeal case involved Jason Edward Weintz, who was convicted of drunk driving after being pulled over in 2004 and being asked to blow in an officer's face before the cop used a breathalyzer to determine he was impaired.
He appealed and a B.C. Supreme Court judge overturned the conviction, ruling the request to blow in the officer's face constituted an unreasonable search and seizure.
However, the appeal court has reversed that decision, saying the request was reasonable under the circumstances, adding such action is minimally intrusive and can be done quickly at the side of the road.
Kroeger was fined $600 May 1 after a conviction on a drunk driving charge, but his lawyer says he will appeal, claiming the Nickelback frontman's rights were violated when he took a breathalyzer test after he was stopped for speeding in 2006.
