Can a police officer make a roadside breath demand under section 254(2) of the Criminal Code?
Alberta, Canada
The following excerpt is from RJH (Re), 2014 CanLII 2390 (AB TSB):
26. Counsel for the Registrar submitted that section 254(2) of the Criminal Code (Canada) allows a police officer to make a roadside breath demand. A lawful breath demand under section 254(2) must be based on a police officer’s reasonable suspicion that the person in question had alcohol in their body and had operated a motor vehicle in the three preceding hours. The belief must be both subjectively held and objectively reasonable as discussed by the Ontario Court of Justice in R v. Haydl.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for making a breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
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)
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
Does s. 25(1) of the Criminal Code apply to police officers who use excessive force? (Alberta, Canada)
Does a finding of guilty under section 129(a) of the Criminal Code stand by virtue of the earlier finding of guilt under the same section? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
What is the legal test for probable searches in the context of Section 487.05 of the Criminal Code? (Alberta, Canada)
What is the scope of the "right of freedom from unreasonable search and seizure" under section 8 of the Criminal Code? (Alberta, Canada)
What is the effect of a police officer’s failure to follow the Bill of Rights when requesting a breath sample? (Alberta, Canada)
