What are the grounds to support an arrest for impaired operation (Section 495(a) and a demand under Section 254(3) for a breath sample?
Alberta, Canada
The following excerpt is from R. v. Dupras, 2010 ABPC 138 (CanLII):
The grounds to support an arrest for impaired operation (Section 495(a)) and a demand under Section 254(3) for a breath sample are based on the same standard. “Reasonable grounds” and “reasonable and probable grounds” are equivalent expressions: Baron v. Canada, 1993 CanLII 154 (SCC), [1993] 1 S.C.R. 416.
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