What is the test for making a breath demand on a driver under the influence of alcohol?
Alberta, Canada
The following excerpt is from EM (Re), 2013 ABTSB 157 (CanLII):
26. Counsel for the Registrar argued that a lawful breath demand must be made on an officer’s reasonable suspicion that the person had alcohol in their body and that the belief must be both subjectively held and objectively reasonable. Counsel for the Registrar submitted the cases of R v. Kang-Brown, 2008 SCC 18 at paragraph 75 and R v. Haydl, [2003] 58 WCB (2d) 230 at paragraph 13 (ONCJ) in support of this argument.
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