Impaired driving trial. Accused was arrested for impaired driving at 1 am, however, the breath demand was not read until 1:20 am upon arrival at the police station.
Held: s. 8 breach.
Section 254(3) CC requires that a demand be made “as soon as practicable”. Accordingly, the demand made was no longer authorized by law, and constituted a s. 8 Charter breach.
T. Roulston, Defence Counsel