IMPAIRMENT - OBSERVATIONS OF THE TECHNICIAN SAVE THE DAY

The court excluded the breath tests because the investigating officer did not have sufficient grounds to make the demand. However, the court found the accused guilty of impaired driving by also relying on the observations of impairment made by the qualified technician.

Note: Despite the lack of grounds to make a breath demand, the court held that the continued detention of the accused was justified to investigate his horrendous driving. R. v. Lutchmedial, 2011 ONCA 585