S.8 - FAILING TO STATE OPINION
Saturday, December 3, 2011 at 5:02PM
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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

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