DRUG EVALUATION - EVALUATION NOT AS SOON AS PRACTICABLE

When a breath test is not conducted as soon as practicable the Crown loses the presumption that the blood alcohol content at the time the sample was taken was the same as the time of driving. What happens when a drug evaluation test is not conducted as soon as practicable? There is no presumption with respect to the evaluation. The court held that an unreasonable delay in taking the test will result in a finding of an arbitrary detention pursuant to section 9 of the Charter. R. v. Tonelli, 2011 ONCJ 542