Sunday
Sep182011
Section 8 - Breath tests not 'as soon as practicable' where officer waited too long for a tow

The officer waited 45 minutes for a tow truck to arrive before taking him to the police station for the breath tests. The officer should have attempted to get another officer to sit with the vehicle. If he did and there was nobody available, there would be no violation. R. v. McGonigal, 2011 ABPC 183, [2011] A.J. No. 740