Police officer had no duty to make roadside breath demand immediately upon forming reasonable suspicion

Ontario criminal | Motor Vehicles | Offences and penalties | Prosecutions

Accused was acquitted of charge of failing to comply with demand made to him by a police officer, under section 254(2) of Criminal Code, to provide forthwith sample of breath. Crown appealed. Appeal allowed. Acquittal was reversed, and conviction was registered. There were two errors in law made by learned trial Judge. First, trial judge made incorrect assumption that police officer had duty to make roadside breath demand immediately upon forming reasonable suspicion. Second, trial judge erred in determination that breath demand made at 9:33 p.m. was invalid (too delayed) despite factual finding that behavior of accused himself caused delay.

R. v. Wade (2019), 2019 CarswellOnt 6278, 2019 ONSC 2552, Conlan J. (Ont. S.C.J.).

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