Saturday
Jan052013
SECTION 254(3) - A BREATH DEMAND IS REQUIRED
Saturday, January 5, 2013 at 6:44PM The officer did not testify that she made a breath demand. [The Court concluded] that it is good law that the failure to lead any evidence as to the existence of a demand (by anyone at any time in the process) is fatal to the leading of any evidence of breath test results. R. v. Haniff, 2012 ONCJ 697
Remember to make (and remember to testify that you made) the breath demand.