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Reviews of Investigating Impaired Drivers
« 57% OF DRIVERS CONVICTED OF IMPAIRED DRIVING RE-OFFEND WITHIN 5 YEARS | Main | FAILURE TO CHECK THE TEMPERATURE RESULTS IN EXCLUSION »
Saturday
Jan072012

REMOVAL OF BRA RESULTS IN EXCLUSION

The accused was detained in holding cell before, between and after the breath tests. Pursuant to police policy, the accused's bra was removed before she was placed inside the cell. The court held that both placing her in a police cell during the process and the further removal of the bra was intrusive and heavy handed. The results were excluded. R. v. Bouchard, 2011 ONCJ 610