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Reviews of Investigating Impaired Drivers
« S.8 - STRIP SEARCHES RESULTS IN STAYS AND EXCLUSION | Main | REFUSAL - OMA: IF YOU CAN'T BREATHE YOU SHOULD NOT BE BEHIND THE WHEEL »
Saturday
Dec032011

S.8 - FAILING TO STATE OPINION

The officer did not testify that he formed the opinion that the accused's ability to operate a motor vehicle was impaired by alcohol. Despite evidence supporting the objective test, the court was not willing to infer that the officer had the necessary subjective belief to make the breath demand. R. v. Harrison, 2011 BCSC 1571