SUPREME COURT OF CANADA - BREATH DEMANDS

The Supreme Court of Canada has dismissed an application for leave to appeal Mr. Guenter's conviction: 2017 CanLII 1334 (SCC). In his case the arresting officer "completely forgot" to read him the breath demand at the horrific crash scene.  The qualified technician read Mr. Guenter the breath demand later at the police station. The trial judge convicted Mr. Guenter by concluding that the qualified technician "had made a demand as soon as practicable after he had formed proper grounds, the requirements of s. 254(3) were met, and the taking of the breath samples was lawful." R. v. Guenter, 2016 ONCA 572 (see August 21, 2016 blog entry).