What is the test for a breath sample under the Criminal Code?
British Columbia, Canada
The following excerpt is from Sangha v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 607 (CanLII):
The Criminal Code demand is made pursuant to s. 254(2), which authorizes a peace officer to demand a breath sample if he or she has reasonable grounds to suspect the person has consumed alcohol and has operated a motor vehicle within the preceding three hours; and if, in the officer’s opinion, the sample will enable a proper analysis to be made with an ASD: Pan v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1766 at paras. 3 and 4.
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